Schmelzer v. Chester Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 293, Jan. T., 1906, by defendant, from judgment of C. P. Del. Co., June T., 1904, No. 208, on verdict for plaintiff in case of Annie Schmelzer v. Chester Traction Company. Trespass to recover damages for personal injuries. Before Johnson, P, J, The opinion of the Supreme Court states the case.
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Appeal, No. 293, Jan. T., 1906, by defendant, from judgment of C. P. Del. Co., June T., 1904, No. 208, on verdict for plaintiff in case of Annie Schmelzer v. Chester Traction Company. Trespass to recover damages for personal injuries. Before Johnson, P, J, The opinion of the Supreme Court states the case. At the trial the court charged that the plaintiff Avould be entitled to be compensated, if the ¡jury found for her “ for the loss of her earning power, both before the trial and after.” Verdict for plaintiff for $2,366, on Avhich judgment Avas entered for $1,500, all above that amount being…
1Opinion of the Court
Opinion bt
Mr. Chief Justice Mitchell,
Two questions arise in this case, first, was the amendment properly allowed, and, secondly, was the charge correct in regard to the plaintiff’s right to recover for loss of her earning power?
Plaintiff was injured in alighting from a car. The first statement averred that the defendant was negligent, in that it did not “ slacken the car and stop the same .... but immediately after the arrival of the said electric car at the public crossing at Market street, in the said city of Chester, and ■while the said plaintiff with the consent and permission of the said…
2Cases cited2 opinions
- Nuding v. UrichSupreme Court of Pennsylvania · 1895
- Stoner v. ErismanSupreme Court of Pennsylvania · 1903
3Cited by6 opinions
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- Raskus v. Allegheny Valley Street Railway Co.Supreme Court of Pennsylvania · 1930
- Frazier Et Ux. v. PittsburghSuperior Court of Pennsylvania · 1940
- Whitman v. StippSupreme Court of Pennsylvania · 1921
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