55 Vt. 358 | Vt. | 1883
The. opinion of the court was delivered by
The third question and the answer thereto in Kezer’s deposition were improperly admitted. It was, in effect, allowing the plaintiff to introduce his own sayings in his own favor, which a party cannot do, except in certain cases, of which this is not one.
There was also error in the admission of the testimony as to the wife’s miscarriage and the expense of doctoring her consequent thereon. Such a result as her miscarriage was not such a natural and proximate consequence of the act complained of as to impose liability in this action by reason thereof. Phillips v. Dickerson, 85 Ill. 11. In cases of tort, it is necessary for the party complaining to show that the particular damages in respect of which he proceeds, are the legal and natural consequence of the wrongful act imputed to the defendant. Sedgw. Dam. (6th Ed.) 92. In Huxley v. Berg, 1 Stark. 98, which was trespass for breaking