Finkbeiner v. Philadelphia Rapid Transit Co.
Cases that cite this one
2 later published cases cite this decision.
- Pesola Et Ux. v. Tremayne (Pa. Super. Ct. 1933)
- Porter v. Frank & Seder, Inc. (Pa. Super. Ct. 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The first and second specifications of error violate Pules 26 and 36 of this court and cannot be regarded. The third specification of error refers to the refusal of the second point submitted by the plaintiff for charge, the material part of which point was as follows : “If the jury believe that the future earning capacity of the plaintiff was diminished, &e.” and contained no suggestion that the finding of the jury must be based on the evidence. The point was bad in form as not limiting the jury to the consideration of the evidence. If this instruction had been given as requested it would have been misleading, because the jury might form such a belief without any evidence on which to found it. The point was properly refused: Commonwealth v. Nazarko, 224 Pa. 204; Dinch v. Workman, 75 Pa. Superior Ct. 101.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.