Backer v. Borough of Aspinwall

Citations

• 255 Pa. 541
• 100 A. 479
• 1917 Pa. LEXIS 489

Syllabus

<p>Negligence — Municipalities—Defective street — Depression in street — Conflict in testimony.</p> <p>1. In an action to recover damages for the death of plaintiff’s husband, caused by his being jolted from a wagon upon which he was riding on a public street in defendant municipality, where it appeared that the accident resulted from the sliding or dropping of the wheel into a rut or depression in the brick pavement, and plaintiff’s evidence tended to show that the hole was six or eight feet long, three or four feet wide and five to ten inches deep and had existed for about a year, the case was for the jury, and a verdict and judgment for plaintiff were sustained, although there was some evidence that the driver of the wagon was intoxicated; that his condition contributed to the accident, and that deceased participated in his carelessness.</p> <p>Damages — Death—Measure of damages — Earnings—Evidence.</p> <p>2. Where the evidence showed that deceased was fifty-two years of age, in good health, and by occupation a farmer and teamster; that in winter he assisted in preparing horse-radish for the market; that he had two teams, one of which he drove himself, and where the evidence further showed what the wages of a teamster were, the amount of deceased’s personal expenses for clothing, etc., his habits, and what he did with his earnings, the proof was sufficient to enable a jury to form an intelligent estimate of the financial loss which his family sustained by his death.</p>