Laing v. Colder
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin county. This was an action on the case for negligence, whereby the plaintiff’s arm was broken whilst he was travelling in a railroad car of the defendants’; and also for the loss of his baggage. The plaintiff declared for damages arising from the pain, loss of time, and expenses.
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In error from the Common Pleas of Dauphin county. This was an action on the case for negligence, whereby the plaintiff’s arm was broken whilst he was travelling in a railroad car of the defendants’; and also for the loss of his baggage. The plaintiff declared for damages arising from the pain, loss of time, and expenses. The first exception was to the refusal of the court to permit the plaintiff to prove the number of his family dependent on him for support, a,nd that in consequence of the injury he had become embarrassed in his circumstances. There was no averment in the narr. of special…
1Opinion of the CourtBell, J.
The evidence mentioned in the first bill of exceptions was rightly excluded. The plaintiff went for general damages, under the common allegation ad damnum. Damages which necessarily result from the act complained of, are properly termed general damages, and may be shown under the common allegation; for the defendant must be presumed to be aware of the necessary consequences of his conduct, and therefore cannot be taken by surprise in the proof of them. But damages that do not necessarily flow from the principal fact, though possibly attendant upon it, are denominated special. As the law does…
2Cases cited2 opinions
- Bingham v. RogersSupreme Court of Pennsylvania · 1843
- Sampson v. CoyMassachusetts Supreme Judicial Court · 1819
3Cited by43 opinions
- Durning v. HymanSupreme Court of Pennsylvania · 1926
- Petrie v. Kaufmann & Baer Co.Supreme Court of Pennsylvania · 1927
- Skeen Et Vir v. Stanley Co. of AmericaSupreme Court of Pennsylvania · 1949
- Parsons Trading Co. v. DohanSupreme Court of Pennsylvania · 1933
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
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