183 N.E.2d 891 (1962)
The accident victim was injured when his car collided with a vehicle driven by the tortfeasor. At trial, the supreme court ruled that the accident victim, who was a physician, could not recover the value of the medical treatment that his colleagues provided him, free of charge to him, immediately after the accident.
- The court ruled that the supreme court properly ruled that the accident victim's special damages could not include the value of the free medical treatment.
- Applying a prior decision, the court ruled that an injured party could only recover so much of medical expenses as he was bound to pay.
- In so ruling, the court noted that it was for the legislature, and not the courts, to change this accepted rule regarding special damages.
- Moreover, the court rejected the accident victim's argument that the medical services were supported by consideration because the accident victim was under a moral obligation to offer similar services should his treating colleagues require them in the future.
- The court held that a moral obligation could not establish an injury for which tort damages were proper.
The court affirmed the appellate division's order affirming the supreme court's judgment.
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