Wilkinson v. North East Borough

Citations

• 215 Pa. 486
• 64 A. 734
• 1906 Pa. LEXIS 829

Syllabus

<p>Practice, C. P. — Amendment—Cause of action — Statute of limitations— Prcecipe.</p> <p>Where the prothonotary by mistake issues a summons in assumpsit on a prieeipe in trespass, the court may permit the record to be amended so as to show that the action was in trespass, although such amendment is made after the statutory period within which to bring the action had expired. In such a case the amendment does not involve a change in the cause of action.</p> <p>The praecipe is a part of the record.</p> <p>Negligence — Damages—Wrongful instructions — Reversal of judgment.</p> <p>Where in an accident case the instructions as to damages are manifestly erroneous, the Supreme Court will reverse the judgment, although neither the plaintiff nor defendant asked at the trial for specific instructions as to the measure of damages.</p> <p>- In a negligence case when future payments are to be anticipated and capitalized in a verdict, the plaintiff is entitled only to their present worth.</p> <p>In such a case it is error for the court to charge the jury that “in arriving at the amount, you will find what her earning power was prior to the accident, and deduct that from her earning power since the accident, and then take the period of time she will be deprived of her earning power and compute it accordingly.”</p>