Wallace v. Pennsylvania Co.

Citations

• 219 Pa. 327
• 68 A. 952
• 1908 Pa. LEXIS 568

Syllabus

<p>Negligence — Damages—Earning power — Evidence.</p> <p>Where loss of earning power is one of the principal items of damages claimed in an accident case, the evidence presented should be sufficiently explicit to enable the jury to form an intelligent judgment. Earning capacity depends upon several matters, such as the age, health, occupation or business, habit of industry, manner of living, etc., of the party, and they should be disclosed to the jury.</p> <p>Negligence — Evidence—Parol testimony — Question for jury.</p> <p>When the right to recover in an accident case depends upon parol testimony it becomes a question for the jury, and the court cannot peremptorily instruct the jury to find for the plaintiff; and this is so even where the defendant’s liability is conceded, unless it appears of record.</p> <p>Negligence — Damages—Pain and suffering — Question for jury — Erroneous instruction.</p> <p>Damages for pain and suffering incident to an injury sustained can only be awarded upon sufficient proof; and if the proof is presented, it is the duty of the jury to consider and be guided by it in making up their verdict. It is error for the court to charge that “there is no evidence which can be used to modify verdicts when pain and suffering and deformity are the subjects of compensation.” Such an instruction leaves the jury at liberty to ignore the evidence and to award such damages for pain and suffering as the jury, in their discretion, might think proper.</p>