Brown v. Campbell

This is an action for damages resulting from personal injuries sustained by the plaintiff (respondent here) in the night club of the defendants (appellants here) by virtue of an assault, whereby, among other injuries, plaintiff received a fractured skull. From a judgment for $725.00, defendants appeal.

The only question before this court is: Did the trial court commit error in giving instruction No. 4, permitting an award of damages for future pain and suffering? That instruction is as follows:

"The Court instructs the Jury, that if, under the evidence and instructions of the Court, you find in…