McKenna v. Citizens' Natural Gas Co.
McKenna v. Citizens' Natural Gas Co.
Opinion of the Court
O pinion by
This action was brought by Patrick Henry McKenna against the Citizens Natural Gas Company to recover damages for personal injuries sustained by himself and for the loss of his wife, which the plaintiff alleges were caused by an explosion of natural
The plaintiff alleges that Miller’s action in opening the bypass in the Bridgewater Gas Company’s mains while he was in the service and under the direction of the defendant company, was negligence, and caused the explosion in the plaintiff's house which resulted in the injuries to the plaintiff and his wife.
The first and second assignments of error relate to the recep
The third and fourth assignments are not sustained. If the testimony covered by these assignments had been admitted, it would not have convicted the plaintiff of negligence. Without some evidence tending to show that the unsafe condition of the meter and regulator contributed to or was the cause of the explosion, the condition of these appliances was immaterial and irrelevant to the issue, and the testimony offered for the purpose of showing it was properly excluded.
We are at a Joss to see how the fifth assignment can be sus
The seventh assignment relates to a part of the charge devoted to the question of damages. The learned judge in his charge said: “ In determining damages for personal injuries resulting from negligence you will allow .... for the pecuniary loss he (the plaintiff) has sustained, and is likely to sustain, during the remainder of his life, from his disabled condition. When we speak of pecuniary loss we refer to earning power, what he was able to earn, or likely to be able to earn, and such loss as he might sustain of being unable to continue the exercise of that earning power.” The probable earnings of the plaintiff, therefore, was an element to be considered in determining the damages recoverable in the action. It was conceded and so stated in the charge, that there was no evidence in the case as to the earning power of the plaintiff before or after the accident. Yet the court directed the jury to take it into consideration in determining the damages. This was error. As the plaintiff asked damages by reason of his diminished earning capacity, it was his duty to introduce testimony from which the jury could ascertain such damages. Failing in this the learned judge should not have submitted to the jury as a basis for their verdict the pecuniary loss to the plaintiff occasioned by the injuries received in the explosion. “ But it is also true,” says Justice Williams in McHugh v. Schlosser, 159 Pa. 486, “ that when the probable earnings of the deceased are to be taken into account in fixing the damages, it is the duty of the plaintiff to show the earning power of the deceased or give such evidence in regard to his business, business habits and past earnings as will afford some basis from which his earning capacity may be fairly estimated.”
Reference
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- McKenna v. Citizens' Natural Gas Company
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- Syllabus
- Negligence—Damages—Expectancy of life—Life tables. In a damage ease a witness will not be permitted to testify from a table as to expectancy of life, where there is no evidence to show on what the table is based, or from what material it was constructed. Xcmgau v. Penna. R. Co., 194 Pa. 98, followed. Negligence—Natural gas~~Explosion. Where an explosion which occurs in a house supplied with natural gas by one gas company is caused by the negligent mistake of an inspector of another company in opening high pressure valves which he mistook for the valves of his own company, the second company, in a suit against it for damages by the owner of the house, will not be permitted to show that the unsafe condition of the meter and regulator in the house contributed to the accident, or that the first company was negligent in the construction and maintenance of its line. Where two parties are each guilty of negligence contributing to an injury, the tort of the one is no defense to an action against the other. Negligence—Damages—Darning power. In an action to recover damages for personal injuries, it is error for the court to charge the jury that they may allow for loss of earning power, where the plaintiff has offered no evidence whatever as to his earning power, either before or after the accident.