Ott v. Philadelphia

Citations

• 235 Pa. 354
• 84 A. 348
• 1912 Pa. LEXIS 549

Syllabus

<p>Negligence — Infant—Damages—Erroneous charge.</p> <p>1. In an action by a father and child to recover damages for personal injuries to the child, a little girl seven years old, where the strongest proof produced by the plaintiffs concerning the probability of the duration of the child’s impaired physical condition is the testimony of a physician to the effect that she was suffering from a nervous condition and malnutrition, that she was growing worse, that the chances of her recovery were unfavorable, and that it was doubtful whether she could live long, it is reversible error for the court to permit the jury to find that the child’s condition would last beyond her majority.</p> <p>2. In such case the jury should not be permitted to find what expenses the father would’ probably incur for future treatment in the absence of any evidence as to what such expenses would probably be.</p>