Emerson v. Schoonmaker

Citations

• 135 Pa. 437
• 19 A. 1025
• 1890 Pa. LEXIS 1201

Syllabus

<p>1. While the lapse of timo between the date of an injury and the date of the trial may be considered by a jury in finding the damages recoverable in an action ex delicto, yet it is error to instruct the jury that the plaintiff is entitled to interest on his damages from the time they accrued.</p> <p>2. But, where such instruction has been erroneously given, and the plaintiff, in the Supreme Court, is willing to remit the amount included in the' verdict as interest, the judgment may be amended accordingly, without remanding the cause: Reading etc. R. Co. v. Balthaser, 126 Pa. 1; Richards v. Natural Gas Co., 130 Pa. 37.</p>