Wilson v. Penna. R.

Supreme Court of Pennsylvania
Wilson v. Penna. R., 132 Pa. 27 (Pa. 1890)
18 A. 1087; 1890 Pa. LEXIS 762
Clark, Green, McCollum, Mitchell, Sterrett, Williams

Wilson v. Penna. R.

Opinion of the Court

Per Curiam:

The very able and exhaustive argument of the learned counsel for defendant has not convinced us that there is any error in this record. In any view that can be reasonably taken of the evidence relating to the time, place, and circumstances of' the injury complained of, the tender years of the injured child, etc., we think the case was clearly for the jury on all the evidence before them. It was fairly submitted, in a clear, comprehensive, and impartial charge, to which no just exception can be taken. The points recited in the first four specifications of *33error were rightly refused. In two of them, the court was requested to direct a verdict in favor of defendant. That could not have been done without ignoring questions of fact fairly presented by the evidence, and proper for tbe consideration of the jury.

The subject of complaint in tbe fifth and last specification is tbe following excerpt from the charge on the subject of damages, viz.: “And if you are satisfied that the injury is of a permanent nature, of course that is also to be considered in arriving at what you think to be a fair and just compensation.” Considered in connection with what preceded it, this instruction was entirely proper; and, even severed, as it is, from tbe preceding clause of the sentence in which it is found, it cannot be regarded as erroneous. On the subject of damages, tbe charge is very guarded, and well calculated to keep tbe jury within proper bounds. Neither of the specifications of error is sustained.

Judgment affirmed.

Reference

Full Case Name
JAMES H. WILSON v. PENNA. R. CO.
Cited By
1 case
Status
Published
Syllabus
(a) In an action against a railroad company to recover damages for personal injuries to the plaintiff, about ten years old at the time, there was testimony that the accident occurred at a public crossing about 400 feet from a sharp curve in the track; that the hat of plaintiffs sister had blown upon the track, and after looking and listening, and neither seeing nor hearing an approaching train, he had followed to get it. (&) Witnesses for the plaintiff testified that no bell was rung, or whistle sounded. The trainmen of defendant company, however, testified that the bell was rung and the whistle blown, and that the breaks were thrown on with full power before the boy was struck, as he was stooping with his back to the train in the act of lifting up the hat of his sister: 1. In such case, talcing into view the time, place and circumstances of the injury complained of, and the tender years of the boy, the case was clearly for the jury on all the evidence before them, and it was not error to refuse to direct the jury to return a verdict in favor of the defendant. 2. There being evidence that at the time of the trial, more than three years after the accident, the plaintiff was suffering from pains in his head, it was not error to charge that he had a right to claim compensation for the injury, ‘-and if you are satisfied that it is of a permanent nature of course that is also to be considered.”