Blakley v. Pittsburgh Railways Co.

Citations

• 243 Pa. 250
• 90 A. 72
• 1914 Pa. LEXIS 609

Syllabus

<p>Negligence — Street railways — Infants—Damages—Pain and sufi fering — Charge—Case for jury.</p> <p>1. In an action of trespass to recover damages for personal injuries sustained by a boy through being struck by a trolley car upon a city street, the case was properly submitted to the jury where there was evidence that as the car approached the boy the bell was not rung and no other signal was,given; that, had the motorman been attending to his duties he could have seen' the child approaching the track when the car was eighty or’ ninety feet from the place of the accident but that he did not apply the brakes •until the car struck the boy.</p> <p>2. In such a case it was held no error for the court to charge: “Suffering has not any market price but it is left to the good judgment and common sense of the jury to say to what amount the plaintiff should be compensated or what amount should be allowed for the pain and suffering he has endured, or may probably endure in the future. He is entitled to be compensated for whatever you would think would be fair under the circumstances.”</p>