Bennett v. Oregon-Washington Railroad & Navigation Co.

Citations

• 83 Wash. 64
• 145 P. 62
• 1914 Wash. LEXIS 1584

Syllabus

<p>Damages — Personal Injuries — Mental Anguish — Instructions. In an action for personal injuries from a blow on the head, resulting in pain, nervousness, and headaches, it is not proper to instruct, upon the subject of damages, that the jury may take into consideration the probable suffering of mental anguish in the future, where there was no evidence tending to show mental anguish other than pain and suffering actually incident to such an injury.</p> <p>Same — Probable Future Suppering — Reasonable Certainty. Damages for future pain and suffering should only be granted when the jury can find from a preponderance of the evidence that future pain and suffering is reasonably certain to result from the injuries and continue in the future.</p>