Samarra v. Allegheny Valley Street Railway Co.
Samarra v. Allegheny Valley Street Railway Co.
Opinion of the Court
Opinion by
Rose Samarra, one of the plaintiffs, wife of Charles Samarra, the other, was a passenger in one of the defendant company’s cars when from some cause the car left the track, without, however, doing serious or special injury to any of the passengers except Mrs. Samarra. According to her testimony, supported by that of her daughter, who was also a passenger, she was thrown violently to the floor of the car by the sudden jar and was for the time rendered unconscious. She testified that her person within a very short time thereafter showed extensive marks of external violence, and that in consequence of the injuries she received, physical disability to a large degree has resulted. The character of her ailment it is agreed is neuritis. There was nothing in the evidence submitted on behalf of the defendant to impeach her testimony as to the particulars of the actual occurrence. Her right to recover was denied solely on the ground that she had sustained no physical
The exception to the trial judge’s instructions as to the damages recoverable for pain and suffering are without merit. The instructions clearly limited the recovery to compensation pure and simple, thereby avoiding the very error which caused reversal in the several cases to which we are referred in support of the exception. Our comment applies as well to the instructions given with respect to the husband’s right to compensation. Upon the careful review of the whole case we find no error calling for a reversal.
The assignments of error are overruled and the judgment is affirmed.
Reference
- Full Case Name
- Samarra v. Allegheny Valley Street Railway Company
- Cited By
- 8 cases
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- Published
- Syllabus
- Negligence — Street railway companies — Fright—Physical in-fury — Instructions to fury — Compensation for pain and suffering. 1. In an action by a husband and wife to recover damages for personal injuries to the latter alleged to have been sustained by her while a passenger on one of defendant’s street ears when for some cause the car left the track, the question of defendant’s liability for the injuries is for the jury where it appears by the testimony of the plaintiff and her daughter, who was also a passenger, that she was thrown violently to the floor by the sudden jar, and was for a time rendered unconscious; that her person within a very short time thereafter showed extensive marks of external violence, and that as a consequence of these injuries, physical disability, in the nature of neuritis, resulted; and her attending physician testified that in his judgment her disability resulted from the injuries. 2. In such a case it is not error for the trial court, in answering defendant’s point that “there can be no recovery for conditions produced by nervous shock or fright,” to say to the jury, “there can be no recovery for nervous shock unaccompanied by physical injury, but if the nervous shock follows as the result of physical injury, then the nervous shock is a part of the physical injury, and plaintiff is entitled to recover for that.” 3. In such a case it is not error for the court to instruct the jury that the husband was entitled to compensation for loss of the services of his wife, “to the extent of his loss, in money” and “to the extent that he is damaged through the loss of her services, he is entitled to recover for loss in the future,” where the court also instructs the jury that it is only the present woi^h of the money which can be recovered. 4. In Such a case it is not error for the court to instruct the jury that the plaintiff was entitled to be compensated “for the pain and suffering which she will endure in the future,” and “the law leaves it to your sound judgment as to what she ought to receive in money; because the law only knows to compensate in money.”