Graham

In a separate action against the defendant for damages for personal injuries which ensued by reason of its alleged negligence, each of the plaintiffs recovered a judgment. Por the purpose of trial the two actions were “consolidated”. The questions raised by the appellant from each of such judgments, as well as from “an order denying a new trial”, are limited to alleged errors committed by the trial court in its instruction to the jury. To all practical intents and purposes, the instruction given in the one action was identical with that given in the other. In the case of Ada I. Graham against the defendant the instruction of which appellant complains was as follows:

Specifically, it is contended by the appellant that by the said instruction the defendant was prejudicially affected in its substantial rights because thereby the jury was authorized to assess damages in favor of plaintiff and against the defendant not only for “mental anxiety” which she may have suffered preceding the rendition of the judgment, but as well for such “mental anxiety” and for such general injuries as were reasonably certain to result to plaintiff in the future.

With reference to the right of a person…