Swauger v. Peoples Natural Gas Co.

Citations

• 251 Pa. 287
• 96 A. 712
• 1916 Pa. LEXIS 460

Syllabus

<p>Negligence — Master and servant — Moving machinery — Failure to guard — Act of May 2, 1905, P. L. 852 — Death—Contributory negligence — Case for jury — Action by adult children — Damages— Measure of damages — Charge—Harmless error.</p> <p>1. In an action against a gas company to recover damages for tbe death of plaintiffs’ decedent, the case is for the jury and a verdict for the plaintiff will be sustained where it appeared that deceased was employed in defendant’s gas pumping station as fireman and engineer and while standing between 'the wall and the end of a revolving shaft for the purpose of repairing a wire strung across such space where he was instructed to stand by the engineer in charge, deceased’s clothes were caught by the shaft, and screw, which were unguarded, and his death resulted.</p> <p>2. In such case where the plaintiffs were the adult children of the deceased, the affirmance of plaintiff’s point that the amount of the verdict did not depend upon the youth, agé, or non-producing capacity of the deceased but upon the loss in benefits which the plaintiffs were justified in expecting, as shown by the evidence in the case, was not reversible error where it appeared from the whole charge that the jury were given to understand that plaintiffs were entitled to recover only the present worth of anticipated gifts and not the entire future earnings, and that they could not recover for their own mental suffering in consequence of the death of their father.</p>