255 Pa. 452 | Pa. | 1917
Opinion by
The verdict establishes the fact that the plaintiff sustained her injuries either through the negligence of the defendant’s employee in operating the elevator on which she was a passenger, or, in consequence of the elevator not being in proper repair. Her right to recover compensation in the action is not questioned. The only complaint is that the jury was permitted, on insufficient evidence, to consider as an element of damage the impairment of the plaintiff’s earning capacity. It cannot be said that the evidence on this branch of the case was so lacking as not to afford a basis from which the plaintiff’s earning capacity could be fairly estimated. If it measured up to this degree, though it left something to be supplied by speculation as to probabilities, the amount was for the jury’s determination. So much must be trusted to the jury to work out in a way not at variance with ordinary observation and experience. When the verdict is not in accord with these, the correcting power is with the court. The governing rule is that the evidence must be such as will enable the jury To deduce a rational inference therefrom with respect to the matter involved. The evidence in this case disclosed the follow
The assignments of error are not sustained, and the judgment is affirmed.