O'Reilly v. Monongahela Street Railway Co.

Citations

• 17 Pa. Super. 626
• 1901 Pa. Super. LEXIS 373

Syllabus

<p>Negligence — Charge of court — Review.</p> <p>Where a trial judge in an effort to reconcile conflicting stories supposes a case which coincides with neither story, and leaves it for the jury to say whether or not under the circumstances of the supposed case there would have been negligence on the part of the plaintiff, the narration of the supposed case is not ground for reversing a judgment for the plaintiff, where the jury is allowed to determine whether or not there was under the supposed circumstances any negligence on the part of the defendant.</p> <p>Negligence — Damages—Evidence.</p> <p>In an accident case where there is no evidence as to the age, habits, earning capacity or industry of the plaintiff, there is nothing upon which a jury •can legitimately base a verdict in reference thereto; and if a trial judge submits these questions to a jury and leaves the entire question of damages to them without any adequate instructions to guide them, he commits substantial error.</p> <p>In an accident case it is not what is to be feared, but what is to be reasonably expected as the probable result of an injury which is to be taken into consideration by the jury.</p>