Richards v. Citizens Natural Gas Co.

Citations

• 130 Pa. 37
• 18 A. 600
• 1889 Pa. LEXIS 1160

Syllabus

<p>[To be reported.]</p> <p>1. In the absence of an express contract to pay it, interest as such is recoverable only in cases where there has been a failure to make payment of a liquidated sum due at a fixed day, and by reason thereof the debtor is in absolute default.</p> <p>2. In actions of tort, or in any actions where the damages are not in their nature capable of exact computation, both as to time and amount, no interest is recoverable eo nomine, the default of the defendant not being of a sufficiently absolute nature.</p> <p>3. In actions for unliquidated damages, whether sounding in tort or in contract, whenever the damages are to be assessed on the principle of compensation, and with reference to a definite standard, such as market value, the jury may give additional damages in the nature of interest.</p> <p>4. Such additional damages are not properly interest, nor are they recoverable of right, as interest is: they are simply compensation for delay, measured by the rate of interest, and their allowance depends upon the circumstances of each case and is to be determined by the jury.</p> <p>(a) In an action to recover damages for the negligent destruction of property, the jury were instructed as matter of law, if they should find the plaintiff entitled to damages, to include in their verdict interest upon such damages, from the date of the accident.</p> <p>5. Such an instruction is a technical error, but in such case, instead of reversing therefor a judgment recovered by the plaintiff, the Supreme Court may, with his assent, reduce the amount of the judgment by striking out the interest, and thereupon affirm.</p>