Kennedy v. Van Horn
Supreme Court of Oklahoma
Error from Superior Court, Tulsa County ; M. A. Breckinridge, Judge. Action by Van Horn against Kennedy for damages for personal injury. Judgment for Van Horn and Kennedy appeals.
1Opinion of the CourtOwen, C. J.
The question necessary for determination is whether the trial court erred in admitting testimony as to Van Horn’s impaired earning capacity, under a general allegation that he had sustained permanent injuries. The petition contains no allegations as to his earning capacity or to what extent it had been impaired. There was an allegation of loss of time, for which $25.00 was claimed. The evidence, admitted over defendant’s objection. wa=s to the effect that plaintiff’s earning capacity had been diminished about 25 per cent.; and the court instructed the jury in estimating plaintiff’s damages…
2Cases cited8 opinions
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
- Uriah A. Boyden, in Error v. Edmund BurkeSupreme Court of the United States · 1853
- Scholl v. GraysonMissouri Court of Appeals · 1910
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3Cited by14 opinions
- Lone Star Gas Co. v. ParsonsSupreme Court of Oklahoma · 1932
- Cohn v. JC Penney Company, Inc.Utah Supreme Court · 1975
- Hembree v. Southard Ex Rel. WilsonSupreme Court of Oklahoma · 1959
- Shebester, Inc. v. FordSupreme Court of Oklahoma · 1961
- New v. StoutSupreme Court of Oklahoma · 1924
9 more not listed; retrieve them via the Exa API.