Helmstetter v. Pittsburgh Railways Co.

Citations

• 243 Pa. 422
• 90 A. 203
• 1914 Pa. LEXIS 639

Syllabus

<p>Negligence — Evidence—Proof of loss of earning power.</p> <p>1. Loss of earning power is only one of the elements- of damage in cases of personal injuries but it is an element which must be fairly proved before an allowance can he made therefor.</p> <p>2. In an action to recover damages for personal injuries, in which the case was for the jury, it appeared that plaintiff for thirteen years prior to the time of the accident had been employed by the City of Pittsburgh as a foreman and as a special officer at a salary of $75.00 per month. Plaintiff lost no wages by reason of the accident as the city paid him at the regular rate while he was disabled and continued him in his position afterwards at the same wages. The injuries sustained by the plaintiff resulted in the loss of the greater part of one hand and a finger from the other. Plaintiff offered evidence, which was admitted against objection, to show that some thirteen years before plaintiff had been employed as a stationary engineer. It was not shown what his earning capacity was at that time nor did it appear that he earned then more than he was afterwards paid while in the employ of the city. Evidence offered by the plaintiff was also admitted against objection to show the average rate of wages paid to stationary engineers at the time of the trial, which average was considerably higher than the wages which plaintiff was actually earning. Upon appeal it was held that this evidence was improperly admitted.</p>