Legal Opinion

Dempsey v. City of Scranton

Supreme Court of Pennsylvania

Decided April 28, 1919No. Appeal, No. 150PublishedCited by 27 opinions

Appeal, No. 150, Jan. T., 1919, by defendant, from judgment of O. P. Lackawanna Co., Oct. T., 1915, No. 230, on verdict for plaintiff in case of Michael J. Dempsey v. City of Scranton. Trespass to recover damages for personal injuries. Before Seaele, P. J., specially presiding. Verdict and judgment for plaintiff for $4,500. Defendant appealed.

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Appeal, No. 150, Jan. T., 1919, by defendant, from judgment of O. P. Lackawanna Co., Oct. T., 1915, No. 230, on verdict for plaintiff in case of Michael J. Dempsey v. City of Scranton. Trespass to recover damages for personal injuries. Before Seaele, P. J., specially presiding. Verdict and judgment for plaintiff for $4,500. Defendant appealed. Errors assigned were, among others: 2. In instructing the jury as follows: “Then he is entitled to recover for loss of earnings which he has sustained up to the present time, and he has given you testimony upon that point, which we will not narrate. .He…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

This appeal by defendant is from a verdict and judgment for plaintiff in an action for damages for personal injuries sustained by reason of negligence on part of the City of Scranton in permitting the roadway of a street to remain in a defective condition, resulting in plaintiff being thrown from Ms wagon and severly injured. The only question raised in the assignments of error relates to the correct measure of damages.

*498Plaintiff was engaged, in the business of selling tea and coffee having a store in the Borough of Dunmore where he employed three clerks, and in…

2Cases cited11 opinions

  1. Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  2. Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
  3. Singer v. MartinWashington Supreme Court · 1917
  4. McLane v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
  5. Wallace v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900

6 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. James v. FergusonSupreme Court of Pennsylvania · 1960
  2. Bell v. Yellow Cab Co.Supreme Court of Pennsylvania · 1960
  3. Ashcraft v. C. G. Hussey and Co.Supreme Court of Pennsylvania · 1948
  4. Rice v. HillSupreme Court of Pennsylvania · 1934
  5. Offensend v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1936

22 more not listed; retrieve them via the Exa API.

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