Schenkel v. Pittsburg & Birmingham Traction Co.

Citations

• 194 Pa. 182
• 44 A. 1072
• 1899 Pa. LEXIS 756

Syllabus

<p>Negligence — Street railways — Province of court and jury.</p> <p>In an action against a street railway company for personal injuries, it appeared that at the time of the accident a disabled car was being pushed by another car behind it, and at a point where defendant’s line was crossed by another line at right angles, the trolley pole of the disabled car jumped its own wire, struck and broke the wire of the cross line, and thus caused the accident. There was evidence that the proper course under such circumstances was to tie down the trolley pole of the disabled car, and that in this case the conductor was told by the conductor of the rear and operating car to do so, but that he refused or neglected to do so, Held, that the ease was for the jury.</p> <p>Negligence — Damages—Compensation for pain and suffering.</p> <p>Pain and suffering are a distinct and separate item for which damages may be awarded by the jury as compensation. It is, however, compensation, not as a precise equivalent or valuation, nor compensation from a sentimental or benevolent standpoint, but such amount as will be the most reasonable approximation the circumstances admit to a pecuniary compensation not in the nature of things capable of exact measurement.</p> <p>In an action for personal injuries a trial judge cannot be charged with error who says to the jury: “While you cannot undertake to pay her for the injury, for the pain and suffering, you have a light to take into consideration the fact that plaintiff’s future life will be more or less affected by the pain and suffering incident to this accident, and for that she ought to have some allowance.”</p> <p>Supreme Court — Practice—Grant of new trial — Excessive verdict — Act of May 20, 1891.</p> <p>The power of the Supreme Court to grant a new trial under the Act of May 20, 1891, P. L. 101, is exceptional in character and only to be exercised in very clear cases of wrong or injustice which the court below should have remedied.</p>