Blakley v. Pittsburgh Railways Co.
Blakley v. Pittsburgh Railways Co.
Opinion of the Court
Opinion by
The appellant company alleges the learned judge erred in refusing to withdraw the case from the jury and in that part of his charge relating to the measure of damages as to pain and suffering incident to the accident. There was ample evidence to warrant the court
We fail to see any error in the court’s charge on the subject of damages for pain and suffering. The ground on which the appellant asks the assignment to be sustained is that the learned court erred in not warning the jury not to allow excessive compensation for this element of damages; in other words, the jury were not cautioned that the compensation to be allowed for this element of damages must be reasonable. This objection is not well taken. The learned court in this part of his charge dealing- with the subject of compensation for pain and suffering followed very closely what was said by this court in Schenkel v. Traction Co., 194 Pa. 182. The judge charged inter alia as follows: “It (suffering) has not any market price, but it is left to the good judgment and common sense of the jury to say to what amount
The judgment is affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Negligence — Street railways — Infants—Damages—Pain and sufi fering — Charge—Case for jury. 1. In an action of trespass to recover damages for personal injuries sustained by a boy through being struck by a trolley car upon a city street, the case was properly submitted to the jury where there was evidence that as the car approached the boy the bell was not rung and no other signal was,given; that, had the motorman been attending to his duties he could have seen' the child approaching the track when the car was eighty or’ ninety feet from the place of the accident but that he did not apply the brakes •until the car struck the boy. 2. In such a case it was held no error for the court to charge: “Suffering has not any market price but it is left to the good judgment and common sense of the jury to say to what amount the plaintiff should be compensated or what amount should be allowed for the pain and suffering he has endured, or may probably endure in the future. He is entitled to be compensated for whatever you would think would be fair under the circumstances.”