128 Pa. 308 | Pennsylvania Court of Common Pleas, Luzerne County | 1889
Opinion,
This was clearly a case for the jury on the controlling questions of fact, whether the death of Mrs. Jones was the result of the railroad company’s negligence, and if so, whether her own negligence contributed thereto. These and cognate questions of fact were fairly submitted to the jury, in a clear and impartial charge, in which the principles of law applicable to every feature of the case are accurately stated. The jury, as the evidence fully warranted them in doing, found in favor of the plaintiff below and against the defendant company. It follows that the learned judge was right in refusing to charge as requested by the company, defendant below, that “ under all the evidence, the plaintiff cannot recover,” and also in refus
The first and only remaining specification presents a different question. The subject of complaint is the refusal of the learned judge to affirm the following point submitted by defendant below:
1. “ The evidence of plaintiff does not show that he suffered any pecuniary loss by the death of his wife, and therefore there is nothing in the case to warrant the jury in finding that, plaintiff suffered substantial damages or loss, and the verdict, if for the plaintiff, should be in a nominal sum.”
Evidence was introduced by plaintiff below to prove that the deceased, Mrs. Jones, was his wife; that she was sixty-six years of age, and had always been a healthy woman, etc. Presuming that in the absence of any rebutting evidence, the jury might and doubtless would infer that she was an ordinarily
Judgment affirmed.