Atlantic Coast Line Railroad v. Brash

Citations

• 73 Fla. 478
• 74 So. 503

Syllabus

<p>1. Where a recovery is sought in damages against a railroad corporation by one who as a passenger sustained injuries resulting from the negligent operation of the trairi and that a disease affecting his nerves was superinduced' by the physical injuries sustained in the railroad accident, it is incumbent upon the person seeking compensation in damages to show with reasonable certainty that the diseasecl nervous condition from which he suffers resulted from the injuries sustained in the railroad accident.</p> <p>2. A hypothetical question propounded to a physician as to whether a diseased nervous condition of the plaintiff resulted from a certain, railroad accident, should embrace what, if any, physical injury the evidence tended to show the plaintiff sustained in such accident.</p> <p>.3. A hypothetical question improperly framed, but allowed over proper objection, does not constitute reversible error, if the person to whom it is directed admits his inability to answer the question as framed.</p> <p>4. Where it appears from the evidence that a verdict for damages is excessive and the evidence does not disclose the extent of the injuries actually sustained, nor their consequences, a judgment based upon such a verdict will be reversed.</p>