264 Pa. 1 | Pa. | 1919
Opinion by
Plaintiff sued to recover damages for injuries sustained from being run over by defendant’s motor truck. The trial resulted in a verdict in plaintiff’s favor. It is conceded the question of responsibility for the accident was one for the jury, and the only .questions discussed in this appeal relate to the measure of damages.
The facts are as follows: Plaintiff was engaged in repairing automobile radiators in partnership with another. Both members of the firm gave their entire time to the business, and together performed all repair work entrusted to them. The capital invested was $800, which was expended for necessary tools, fixtures and materials, each contributing one-half the required amount. Plaintiff testified he realized from $35 to $40 a week from the business after all expenses were deducted, and as a result of his injuries was unable to perform work requiring physical strength, but visited his place of business, with more or less regularity, with the aid of crutches. The firm was dissolved shortly after the accident, plaintiff purchasing the interest of the partner for $150, the partner also receiving a portion of the tools used in the business. Following the dissolution of the firm plaintiff employed a workman whom he paid $20 a week and had left from $10 to $15 weekly for himself, as the net earnings of his business.
Defendant objected to this testimony as proof of earning capacity, averring it permitted a plaintiff to show net profits derived from a business, contrary, as alleged, to the general rule of law heretofore laid down by this court. It is apparent, however, that returns from business, under the circumstances of this case, were not profits in a technical sense derived from investment of
Objection is made to the admission in evidence of a table showing the present values of a fixed sum of money payable in weekly installments during a period of years from one to twenty-nine, the latter being the expectation of life of plaintiff according to the mortality tables. Appellant concedes tables of this character are competent in a proper case, in view of the language of this court in Seeherman v. Wilkes-Barre Co., 255 Pa. 11, 17, and the rulings in Fletcher v. Wilmington Steam Boat Co., 261 Pa. 1, 6. But it is argued that the principles stated in those decisions should be limited to total disability. No adequate reason is given for making the distinction suggested and on principle none appears to exist. In either case, the question to be answered is merely the present value of such sum of money as the jury may
The judgment is affirmed.