Lancaster v. Mebane

(after stating the facts as above). The court charged the jury as follows:

“This cause will be submitted to you upon one fact alone, as follows: What amount of money will fairly and reasonably compensate the plaintiff as damages for the mental anguish suffered by him by reason of the negligent delay in the shipment of his mother’s remains from El Paso to De Kalb? Answer in dollars and cents. [Here follows definition of mental anguish.]”

The appellants complain of submitting to the jury the question of damages only. They predicate error upon the ground that negligence vel non, as alleged in the…