Williams v. Pool

Appellee sued appellant for damages resulting from a collision between bis motorcycle and appellant’s automobile, and recovered a judgment for $4,-913.75. Tbe jury was instructed to consider, in assessing damages, - “loss of time, loss of earning capacity, and other expenses.” Tbe first and last items- find no predicate in the pleadings, and tbe first and second are unsupported by any proof. A special list of expenses was pleaded, and other expenses not pleaded were proven, which accentuated tbe “other expenses” item submitted tó the jury. Tbe jury should not have been permitted to consider…