Herb v. Hallowell
Supreme Court of Pennsylvania
The trial judge erred in permitting plaintiff to testify under objection that his earnings as a school teacher would have been increased $400 a year had it not been for his injuries. The court did not err in its charge on pain and suffering : Wallace v. Penna. Co., 219 Pa. 327. It was not error for the court to charge the jury that there could be an award for permanent injuries in the instant case: Pink v. Sheldon Axle & Spring Co., 270 Pa. 476; Davis v. Davis, 80 Pa.
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The trial judge erred in permitting plaintiff to testify under objection that his earnings as a school teacher would have been increased $400 a year had it not been for his injuries. The court did not err in its charge on pain and suffering : Wallace v. Penna. Co., 219 Pa. 327. It was not error for the court to charge the jury that there could be an award for permanent injuries in the instant case: Pink v. Sheldon Axle & Spring Co., 270 Pa. 476; Davis v. Davis, 80 Pa. Superior Ct. 343; Tracey v. Coal & Iron Co., 270 Pa. 65; Zukowsky v. Coal & Iron Co., 270 Pa. 118. It was not error for the…
1Opinion of the Court
Opinion by
Mr. Justice Maxey,
James Herb was awarded $5,520, and Lulu M. Herb, his wife, $7,250 in an action of trespass against the defendant. A motion for judgment n. o. v. was denied and the case is here on appeal.
James Herb was driving south on the Susquehanna Trail near Selinsgrove, Pa., at 2:30 P. M., August 31, 1929. His wife and a minor son were in the car. The defendant was driving north in the same locality at about the same point. A collision occurred with resulting injuries to the plaintiffs. Defendant, wishing to pass motor cars ahead of her, veered her car to her left and was…
2Cases cited7 opinions
- McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
- Commonwealth v. EzellSupreme Court of Pennsylvania · 1905
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- Baker v. Pennsylvania Co., Pennsylvania Court of Common Pleas, Erie County1891
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