Dormer v. Alcatraz Paving Co.

Citations

• 16 Pa. Super. 407
• 1901 Pa. Super. LEXIS 86

Syllabus

<p>Negligence — Presumption of negligence — Evidence—Question for jury.</p> <p>When a presumption of negligence has once arisen, either as matter of law, or from affirmative evidence of acts of commission or omission, it remains until overcome by countervailing proof, and whether it is overcome is a question of fact for the jury.</p> <p>Negligence — Unsafe street — Degree of care — Contributory negligence.</p> <p>A person is not chargeable with contributory negligence in using a public street, if he does not know that it is in an unsafe condition. If he knows that it is torn up, he is required to use more than ordinary care, otherwise not.</p> <p>In an action against a paving company to recover damages for personal injuries sustained by falling into a hole which had been left unlighted and unguarded by defendant, a verdict and judgment for plaintiff will be sustained where the court leaves it to the jury to determine whether plaintiff knew of tha'existence of the hole, and if she did, whether she should not have taken a more safe, even if a longer, route.</p> <p>Negligence — Damages—Nursing expenses.</p> <p>In an action by a husband to recover damages for personal injuries to his wife, plaintiff is not entitled to recover the specific amount his daughter received as wages in a factory, simply because her mother desired or required her attendance as a nurse after the accident. If the jury mentioned the specific amount in the verdict, 'be appellate court can remedy the error by striking the amount from the verdict without the necessity of a reversal of the judgment, and a retrial of the case.</p>