Wensel v. Standard Supply & Equipment Co.
Superior Court of Pennsylvania
Wensel v. Standard Supply & Equipment Co., 72 Pa. Super. 56 (1919)
1919 Pa. Super. LEXIS 247
Keller, Orlady, Porter, Trexler, Williams
Wensel v. Standard Supply & Equipment Co.
Opinion of the Court
The assignments of error urge but two questions; first, in admitting certain evidence as to the earning capacity of the plaintiff, and second, that the verdict was excessive. The charge of the court in submitting these questions was so satisfactory that no exception was taken to it. They were rightly and fairly submitted under rules laid down in many of our decisions: McLaughlin v. Corry, 77 Pa. 109; Yeager v. Anthracite Brewing Co., 259 Pa. 123; De Haas v. P. R. R. Co., 261 Pa. 499. The rule for a new trial was rightly discharged, and the judgment is affirmed.
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- Syllabus
- Negligence — Damages—Earning capacity — Business other than one engaged in at time of accident — Evidence—Admissibility. In a negligence suit, lessened capacity to earn in any actually available occupation, for which plaintiff was qualified may be shown by proper or satisfactory proof. In an action to recover damages for injuries resulting from defendant’s negligence, the plaintiff was properly permitted to offer evidence of his former occupation as a superintendent of a brickyard, although he had not been'so employed for a year and a half prior to the accident. Although he was temporarily engaged in some other occupation, it was permissible for plaintiff to offer evidence of his salary as superintendent of a brick yard, in connection with testimony that the accident had disabled him from taking such a position, and as an indication of his loss of earning power.