Beck v. Germantown Cricket Club

Citations

• 45 Pa. Super. 358
• 1911 Pa. Super. LEXIS 46

Syllabus

<p>Assignments—Unliquidated, damages in tort—Equitable plaintiffs— Costs—Appeals—Paper-books—Evidence.</p> <p>1. Unliquidated damages in tort are not capable of assignment before verdict.</p> <p>2. Where the plaintiff in an action of trespass to recover damages for personal injuries assigns a portion of the claim for unliquidated damages before verdict, and thereafter a verdict and judgment in his favor are reversed by the Supreme Court, the court has no power to make the assignees equitable plaintiffs at the instance of the defendant, for the purpose of enabling the defendant to proceed against the assignees for the costs of the suit.</p> <p>3. In such a case an appeal from an order making absolute a rule to make the assignees equitable plaintiffs will not be quashed because the appellants have failed to print the evidence taken at the trial. The rule applicable to such a case is rule 26, which provides that the evidence shall be printed “if necessary.” The evidence taken at the trial was not necessary to determine the question involved in the appeal.</p>