Pouchan

This case was transferred from the district court of appeal of the first district, by reason of a disagreement of the justices. Mr. Justice Hall was in favor of a reversal of the judgment and order, and this court agrees with the view which he took. He said:

The other authorities which have been called to our attention do not alter the rule adopted in Melone v. Sierra Ry. Co., 151 Cal. 116 , [ 91 Pac. 522 ], In Ryan v. Oakland Gas, Light & Heat Co., 21 Cal. App. 23 , the instruction criticised by counsel and upheld by the court was one by which the jury was told that compensation might be awarded for “pain suffered or to be necessarily suffered from the injury,”— clearly a substantial compliance with section 3283 of the Civil Code. In Walker v. Southern Pacific Co., 162 Cal. 123 , [ 121 Pac. 369 ], we were considering an instruction by which the jurors were told that they might consider the pecuniary loss “likely to be sustained” by the plaintiff “during life,” but they were also informed that the physical pain and mental anguish, if any, of which they might take cognizance in reaching a verdict, were such the plaintiff would necessarily suffer in the future. The instruction also…