Reinhardt v. County of Maui

Citations

• 23 Haw. 524
• 1916 Haw. LEXIS 49

Syllabus

<p>Damages — pain and suffering endured pendente lite — evidence.</p> <p>Where the plaintiff sues upon only one cause of action to recover damages for a personal injury received by reason of the defendant’s negligence he may recover for pain and suffering endured by him after the action was commenced if the evidence shows that such pain and suffering were caused by the defendant’s alleged negligence.</p> <p>Same — medical services — evidence.</p> <p>In an action to recover damages sustained by reason of the defendant’s negligence the plaintiff to recover for expenses incurred for medical services must show that such services were necessary and the charges therefor reasonable.</p> <p>Same — Workmen’s Compensation Act — negligence of third party.</p> <p>Where an employee is injured by reason of the negligence of a third party he may under the Workmen’s Compensation Act bring an action against such third party to recover damages caused by such negligence.</p> <p>Cóunties — costs.</p> <p>In an action against the county for personal injuries received by reason of a defective condition of a public highway the plaintiff cannot recover from the county expenses incurred in procuring evidence as section 2543 R. L. exempts counties from payment of costs.</p> <p>Exceptions — new trial — remitting portion of judgment.</p> <p>Where on exceptions to this court it appears from the record that the trial court improperly admitted evidence of items of expense incurred in certain particulars which probably were included in the judgment, no other error appearing, the appellate court will overrule the exceptions upon the condition that plaintiff within a given time remit that portion of the damages apparently recovered by reason of such erroneous evidence, and order that upon plaintiff’s failure to remit such items of damage a new trial be granted the defendant.</p>