Bockelcamp v. Lackawanna & Wyoming Valley Railroad

Citations

• 232 Pa. 66
• 81 A. 93
• 1911 Pa. LEXIS 676

Syllabus

<p>Evidence — Books—Time book of employer.</p> <p>1. A time book of an employer is not admissible in evidence to show the hours that an employee had worked on a'particular day, where it appears that the book was made from time slips, and the time slips are not produced or accounted for, and the witnesses who made the entries are not produced.</p> <p>Negligence — Damages—Earning capacity — Charge of court.</p> <p>2. In an accident case where it appears by the plaintiff’s own testimony, that although unable to perform the same kind of physical labor that he did before the accident, he occupied thereafter a better position and was earning a higher salary, it is reversible error for the court to charge as follows: “Inasmuch as it is testified that this is a permanent injury, and it is not contradicted, you can consider then what would be the loss of his earning capacity, whether it is totally destroyed or partially destroyed. ... It is a very difficult question for a juror to decide and it is in the nature of a guess.”</p> <p>3. Any allowance for future losses due to an impairment of earning capacity must be capitalized and brought down to its present worth. Jurors should never be told that any of their deliberations are in the nature of a guess, for-such a remark is practically a suggestion to them that matters submitted for their determination can be decided without mature judgment and deliberation.</p> <p>4. Where it appears that a person has suffered physical injuries which impaired his power to do the kind of work which he performed before the accident, but it also appears that after the accident he performed another kind of work at higher wages, the latter fact will not prevent the jury awarding him damages for permanent injuries, but it is a fact that the jury may consider on the question as to the extent to which his earning power had been affected.</p> <p>Negligence — Railroads—Passengers—Duty of care — Alighting from train.</p> <p>5. A railroad company is boun