Sebastian v. Philadelphia & Reading Coal & Iron Co.

Citations

• 262 Pa. 510
• 105 A. 887
• 1919 Pa. LEXIS 713

Syllabus

<p>Negligence. — Master and servant — Driver in coal mine — Evidence.</p> <p>1. In an action against a coal mine owner to recover damages for injuries to an employee engaged in driving cars in the mine, the question of the defendant’s negligence is for the jury, where the evidence was that the plaintiff was injured while unloading timber from the end of a car, by the falling of the door or gate of the car upon him; that it was customary to use an iron bar to hold up the gate when the ear was being unloaded; that at the time of the accident a wet wedge instead of a bar was used to hold the gate in place; and that according to the explicit testimony of several witnesses no bar of any kind had been provided by the defendant for use on this particular occasion.</p> <p>2. In such a case it is not error to permit evidence to be introduced as to the wet condition of the mine on the day of the accident, where it was introduced not for the purpose of showing a distinct negligence or in aggravation, hut simply to show insufficiency of the method which was adopted in the absence of the iron bar.</p> <p>Negligence — Damages—Present worth rule — Pain and suffering.</p> <p>3. In negligence eases involving personal injuries, the present worth rule does not apply in awarding compensation for pain, suffering and inconvenience.</p>