McAlister v. Carl

The plaintiff in an automobile collision case appeals from a judgment in her favor on the ground that the rulings of the trial court excluded from the consideration of the jury an element of damages for which she was entitled to be compensated.

Despite a narrow statement of the “Question Presented” made by the appellant’s brief and accepted by the appellee’s brief as adequate, this case, we think, was argued and considered in the trial court (as it was elsewhere actually treated in the briefs in this Court and as it was argued here), as presenting what is a novel question to this Court. It may…