Legal Opinion

Wallace v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 12, 1900No. Appeal, No. 398PublishedCited by 21 opinions

Appeal, No. 398, Jan. T., 1899, by-defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1899, No. 287, on verdict for plaintiff. Trespass for personal injuries.

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Appeal, No. 398, Jan. T., 1899, by-defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1899, No. 287, on verdict for plaintiff. Trespass for personal injuries. Before Willson, J. At the trial it appeared that plaintiff was injured while a passenger on a train of the defendant on February 24, 1899. The defendant offered no testimony, but presented this point: There is no sufficient evidence in the present case that the plaintiff’s earning capacity has been reduced by the accident, and no damages on that ground should therefore be awarded her. Answer: I cannot answer that point…

1Opinion of the Court

Opinion by

Mr. Justice Pell,

The assignments of error relate to the answer of the court to a request to charge that there was not sufficient evidence that the plaintiff’s earning capacity had been reduced by the accident to warrant a recovery on that ground. The plaintiff kept a boarding house. There was some evidence that her business was diminished because of her injuries. The learned judge apparently with some hesitation, because of the meagerness of the testimony, declined the point, and by his answer thereto the jury were allowed to find as an inference of fact that there had been a…

2Cases cited2 opinions

  1. Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  2. McHugh v. SchlosserSupreme Court of Pennsylvania · 1894

3Cited by21 opinions

  1. Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
  2. Baxter v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
  3. Dempsey v. City of ScrantonSupreme Court of Pennsylvania · 1919
  4. Piper v. Adams Express Co.Supreme Court of Pennsylvania · 1918
  5. Zimmerman v. WeinrothSupreme Court of Pennsylvania · 1922

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