Youngstown Ice Co. v. Lewis

It is insisted in the first instance that there was error in the charge of the trial court, and it may be observed in passing that the petition declares upon some five different grounds of negligence. It is well understood, in this jurisdiction that loss of earnings are known as special damages, and that in order to recover for the same there must be an allegation in the petition, or the issue must be raised by testimony in the progress of the trial, and which is admitted without objection. There was no declaration for special damages on the ground of loss of earnings. The pleader is to be…