MacGregor v. Rhode Island Company
Supreme Court of Rhode Island
Trespass on the Case. Heard on petition of defendant for new trial, and granted on question of damages.
1Opinion of the CourtBlodgett, J.
The defendant's exception that the verdict is contrary to the evidence must be overruled. The liability of the defendant is clearly established by the testimony, and the only questions remaining for consideration are questions relating to damages.(1) The declaration contains no averment of permanent injury, and while such an averment is not required when it appears from the nature of the injury that permanent incapacity must inevitably result, yet the rules of good pleading require such an averment when the injuries complained of are not necessarily permanent in their nature.
Thus, in 1 Chitty…
2Cases cited4 opinions
- Hardy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
- Atlanta & West Point Railroad v. JohnsonSupreme Court of Georgia · 1881
- Foster v. Village of BellaireMichigan Supreme Court · 1901
3Cited by7 opinions
- Gillikin v. BurbageSupreme Court of North Carolina · 1965
- Labree v. MajorSupreme Court of Rhode Island · 1973
- Lawton v. NymanCourt of Appeals for the First Circuit · 2003
- Dixon v. Royal Cab, Inc.Supreme Court of Rhode Island · 1979
- Reilly v. United StatesDistrict Court, D. Rhode Island · 1987
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