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eBook details

• Title: Halnan v. New England Telephone
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 15, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

DONAHUE, Justice. A telephone pole of the defendant fell upon an automobile owned and operated by the plaintiff. This action was brought to recover damages for personal injuries and for damage to the plaintiff's automobile. The defendant admitted liability and the parties agreed upon the amount of property damage. A Judge of a district court found for the plaintiff and reported to the Appellate Division his refusal to grant three requests for rulings filed by the defendant pertaining to the matter of damages for personal injuries alleged to have been suffered by the plaintiff. The Appellate Division ordered the report dismissed. The rulings requested by the defendant and denied by the trial Judge are as follows: '3. Whether or not the accident of December 20, 1934 caused proximately any injury to the plaintiff's left eye, there is no evidence from which the Court would be justified in finding that the condition of the plaintiff's left eye, if corrected by glasses, is such as to prevent his continued employment with [his employer] * * * 4. Except for the time required to secure corrective eye-glasses, there is no evidence from which the Court would be justified in finding that the plaintiff has been disabled since January 21, 1935, or will be at any time disabled in the future, from performing his usual occupation. 5. There is no evidence from which the Court would be justified in finding that the plaintiff, as the result of the accident of December 20, 1934, suffered any increase in inter-cranial pressure or leakage of inter-cranial fluid.' A summary of the facts appearing in the report here follows. The accident to the plaintiff happened on December 20, 1934. He was stuck on the forehead and nose, was confined in bed about a week and returned to work on January 21, 1935. Among the injuries he received was a fracture of the nose which caused a deviation of the septum. Shortly after the accident he began to have nosebleeds. These continued down to the time of the trial on April 24, 1935, on an average of at least one a week. The condition of the nose could be remedied by an operation which might be a serious one.

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