Wilson v. Pennsylvania & Mahoning Valley Railway Co.

Citations

• 34 Pa. Super. 504
• 1907 Pa. Super. LEXIS 170

Syllabus

<p>Negligence — Charge—Measure of damages — Request for instructions.</p> <p>In a negligence case, where the court briefly, but sufficiently charges on the question of damages, and no points on the subject are presented by counsel, the appellate court will not reverse the judgment because of inadequate instructions.</p> <p>Where a plaintiff in an accident case shows his earnings as an insurance adjuster in this country, he may also show, if the time is not too remote, and the conditions different, what was his earning capacity in the same business before he came to this country.</p> <p>Negligence — Street railways — Transfer slip — Ejectment of passenger.</p> <p>In an action against a street railway company to recover damages for an alleged wrongful ejection of a passenger, where the defendant claims that the plaintiff was ejected because he refused to pay fare after the expiration of the time limit of a transfer slip which he held, the transfer slip is properly admissible in evidence as a material part of the plaintiff’s case.</p> <p>In such a case where the defendant has offered evidence of the expiration of the time limit, the plaintiff may in rebuttal show how he had occupied his time in order to establish his claim that the time limit had not expired.</p>