Wilkinson v. North East Borough
Supreme Court of Pennsylvania
Appeal, No. 158, Jan. T., 1905, by defendant, from judgment of C. P. Erie Co., May T., 1902, No. 80, on verdict of guilty in case of Ella Wilkinson v. North East Borough. Trespass to recover damages for personal injuries. Before Bouton, P. J., specially presiding. The opinion of the Supreme Court states the case.
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Appeal, No. 158, Jan. T., 1905, by defendant, from judgment of C. P. Erie Co., May T., 1902, No. 80, on verdict of guilty in case of Ella Wilkinson v. North East Borough. Trespass to recover damages for personal injuries. Before Bouton, P. J., specially presiding. The opinion of the Supreme Court states the case. The court charged in part as follows : [In arriving at the amount which she would be entitled to recover, if she is entitled to recover at all — she is entitled to recover, if at all, for her loss of earning power, dating from the time when this injury occurred, down to a time (if…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
Under the authority of our cases and the testimony offered at the trial, the alleged negligence of the defendant as well as *490the contributory negligence of the plaintiff were questions of fact to be submitted to and determined by the jury. We therefore overrule the assignments of error relating to these questions.
The learned counsel for appellant mainly rely on the fourth specification of error which raises the question of the power of the court to authorize the amendment of the record after the expiration of two years from the date of the accident. . The pertinent…
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