Morris v. Harrisburg Taxicab & Baggage Co.

LIPSITT, J.,

Before the court is a motion for a new trial1 by defendant, Harrisburg Taxicab & Baggage Co. (hereinafter referred to as “Harrisburg Taxicab”) following a jury verdict in favor of Lillian E. Morris, plaintiff. The only matter to be considered is the amount of special damage allocated by the jury for plaintiffs automobile as the result of a vehicular collision. The specific issue is whether the correct measure of damages to the automobile was properly presented at the trial.

Both parties agree that Restatement, Torts §928 has been adopted as the law of Pennsylvania. This section…