Hogan v. Santa Fe Trail Transportation Co.

I dissent from the statement of law contained in the first paragraph of the syllabus and from the corresponding portion of the opinion. In my opinion any injury which deprives a human being of an existing privilege or of a definite existing enjoyment of life, robs the individual of a right, the loss of which is compensable.

It should be noted on the outset the enjoyment in the instant case was not an imaginary enjoyment. It was a fixed and definite enjoyment which existed at the time of the injury. Nor did it constitute an incidental or merely occasional enjoyment. It was an enjoyment which…