· 11/25/1958
Henne v. Balick
Citations
- 146 A.2d 394
- 51 Del. 369
- 1 Storey 369
- 1958 Del. LEXIS 114
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a witness’s or counsel’s suggestion regarding a reasonable award for pain and suffering is inappropriate
- finding that the amount for “pain and suffering shall be determined by the trier of facts based upon the evidence submitted” and not by a per diem calculation that is “merely a speculation of counsel . . . unsupported by the evidence”
- discussing the proof necessary for a “future consequence of a tortious injury”
- “The law does not permit a recovery of damages which is merely speculative or conjectural.”
- “The burden is upon the plaintiff to furnish [] proof [of damages]. If he fails in this respect, the [court] cannot supply the omission by speculation or conjecture.”
- “The burden is upon the plaintiff to furnish [] proof [of damages]. If he fails in this respect, the [court] cannot supply the omission by speculation or conjecture.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Southerland, Wolcott, Bramhall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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