McGonnell v. Pittsburgh Railways Co.

Citations

• 234 Pa. 396
• 83 A. 282
• 1912 Pa. LEXIS 660

Syllabus

<p>Appeals — Assignments of error — Change—Inadequacy of.</p> <p>1. Where an appellant assigns an entire charge as inadequate, ■he should indicate in his specifications of error wherein it is deficient, so that attention may be directed to the particular points he desires to make.</p> <p>2. Where in an accident case the testimony of medical experts is conflicting, it is the duty of the trial judge to call the jury’s attention to such conflict of testimony and to instruct them to reconcile the contradictions, and as to what was their duty if they could not do so.</p> <p>Negligence — Damages—Compensation for delay.</p> <p>3. In a personal injury case the damages are assessed as of the date of the trial, and not of the injury; hence there can be no general compensation for delay; and such compensation can never be at a higher rate than 6 per cent.</p> <p>4. In such a case it is error for the trial judge to say to the jury that the plaintiff was entitled to “compensation by way of damages for delay,” and that “it might be less than 6 per cent.,* it might be any per cent, the jury would say was right.”</p> <p>Negligence — Damages—Darning power.</p> <p>5. In a personal injury case, testimony showing wages paid to a servant employed to perform necessary work for plaintiff, which before her injury she did herself, is always admissible; and proof relied upon to show diminution of earning power need not be clear and indubitable.</p>