Reagan v. Harlan

Citations

• 24 Pa. Super. 27
• 1903 Pa. Super. LEXIS 293

Syllabus

<p>Husband and wife — Damages for injury to wife — Negligence.</p> <p>Where a husband has been deprived by the negligent act of another, of the aid, society, comfort and assistance of his wife, he is entitled to compensation without proving the value of such aid, society, comfort and assistance, in dollar's and cents. , '■■■■•</p> <p>In an action by a husband to recover damages for the negligent injury of his wife it is error for the court to charge as follows: “In this particular ease the matter of the loss of earning power or the loss of wages or the interference with her domestic duties is not a matter that you can consider even in connection with the husband’s claim, because there is no evidence here of the value of her services.' There is nothing here by which you could measure their value. You have not heard what she could earn. You have not been informed of what' the husband has been obliged to pay some on<}, if he has paid anything, to take her place in the performance of domestic duties which she generally performed about his house. Juries must try cases according to evidence. They are not allowed to run into conjecture or to indulge in guesswork.”</p>