Cookman v. Caldwell

Opinion by

Mr. Justice Allen.

This is an action wherein the plaintiff below brought suit against the defendant below for damages sustained by reason of an alleged assault and battery.

*207The only question necessary to be considered upon this review is whether or not the evidence was sufficient to warrant an instruction wherein the jury are told that in determining the amount of damages which the plaintiff shall recover, they should consider “the probable effects” of the physical injuries sustained upon plaintiff’s “future health and strength.”

No testimony was submitted on behalf of plaintiff except…