LeVan v. McLean

Citations

• 276 Pa. 361
• 120 A. 395
• 1923 Pa. LEXIS 593

Syllabus

<p>Negligence — Automobiles—Pedestrians—Crossing—Contributory negligence — Case for jury.</p> <p>1. Where a person while on a highway, at a place customarily used by pedestrians, is hit by an automobile starting forward while the pedestrian was attempting to regain the pavement the question of the negligence of the driver and of the contributory negligence of the pedestrian is for the jury.</p> <p>Negligence — Damages—Pain and suffering — Present-Worth rule —Pleading—Darning power.</p> <p>2. The present-worth rule based on expectancy of life has no application in determining, as an element of damages in a personal injury case, the amount to be allowed for future pain and suffering.</p> <p>3. Where the only element of damages claimed in the statement is for pain, and there is no reference to loss of earning power, it is reversible error to admit evidence relating to the present-worth rule.</p>