Elliott v. Landon

STRUCKMEYER, Chief Justice.

This action was instituted by the appellant, Hoyt Elliott, for damages occasioned by certain injuries arising out of an automobile accident. Judgment was rendered upon a jury verdict in favor of appellees.

Appellant assigns two alleged errors, both of which indicate that there is but one issue to be determined on appeal. The question may be stated as: In a personal injury case where there is no conflict as to the existence of injury, the evidence affirmatively establishing the existence, nature and extent thereof, must the trial court instruct the jury that there is…