Hanlon v. Pomeroy

The plaintiff’s first contention is that the Court erred in permitting the jury to determine the future duration of the plaintiff’s nervous condition. The defendant requested the following instruction:

“8. You are instructed that there is no evidence that the nervous condition of the plaintiff will be permanent, nor is there any evidence from which you can find that it will continue for any period in the future.”

The Court refused to instruct the jury in accordance with this request and on this point instructed the jury as follows:

“With reference to her nervous condition, it can be said that…