City of Pueblo v. Griffin

• Decision Date: 11 November 1887
• Citation: 10 Colo. 366,15 P. 616
• Parties: CITY OF PUEBLO v. GRIFFIN.
• Court: Colorado Supreme Court

15 P. 616

10 Colo. 366

CITY OF PUEBLO v. GRIFFIN.

Supreme Court of Colorado

November 11, 1887

Commissioners' decision. Appeal from district court, Pueblo county.

Chas. E. Gast and C. C. Stein, for appellant.

Stone & Anderson and C. A. Lott, for appellee.

MACON C.

This was an action by appellee against appellant for the recovery of damages for personal injuries occasioned by a defective sidewalk in the city of Pueblo. In his complaint appellee alleged that the sidewalk was in a dangerous condition, to the knowledge of the city, and that in passing along it he received injuries which crippled him permanently, causing great bodily and mental suffering, and entailing an expense of $50 for medical services, with loss of time in his business. Appellant answered, and put in issue all the material allegations of the complaint. On the trial appellee showed that at the time of his injuries he was keeping an eating-house in Pueblo, and, against appellant's objection, was permitted to show that he performed the labor of three men in his business, by reason of which his monthly profits therein amounted to from $75 to $100, clear of expense. Appellant duly excepted to the admission of this evidence. The jury returned a verdict against appellant for $1,500. A motion for a new trial was filed by appellant, and overruled, to which ruling exceptions were duly taken, and an appeal to this court. Only one error is relied upon here that based upon the admission of improper evidence.

The objection to the admission of the evidence should have been sustained by the court below. The complaint is one for general damages only; such as the law will imply from the act or injury itself. The distinction between general and special damages is well understood in legal practice, and has frequently been defined by this court, as well as the pleadings applicable to the two classes of damages. The object of pleading being to apprise the opposite party of the nature of the claim or defense against him, as well as its extent, it is uniformly held that a statement of the injuries, with an averment of a sum as the damage, will authorize the recovery of such damages only as naturally and ordinarily follow from such injuries; but if from any peculiarity in the circumstances or situation of the injured party other loss accrued to him thereby, such peculiarity must be alleged and proven, to justify the recovery of such damages. In Tucker v. Parks, 7 Colo. 62, 1 P. 427, this court say: 'Referring now to the extent of the recovery, we remark that damages may be general or special; and that, while an...