210 F. 875 | 2d Cir. | 1914
The action was brought against- two, defendants, Lacorazza and the Vogel Company, which installed the heater. The negligence specifically charged against the latter practically resolved itself into the single question whether or not the heater or pipes immediately connecting, therewith had been provided with a safety valve. As to that question the testimony was conflicting; the jury found for the defendant company and that part of the case has not been brought here by writ of error.
The exception to refusal to nonsuit is overruled.
We do not see what bearing the possession of a wife and seven children has upon a man’s “earning power”; but all question as to the admissibility of such testimony in the federal courts is .foreclosed by the opinion of the Supreme Court in Penn. Co. v. Roy, 102 U. S. 451, 26 L. Ed. 141. It was there held that in actions of this, sort such.'testimony is improper, and should be excluded, and that it is' reversible error to admit it over proper objection and exception. See, also, Baltimore, etc., R. Co. v. Camp, 81 Fed. 807, 26 C. C. A. 626; Ches. & Ohio R. R. v. Stojanowski, 191 Fed. 720, 112 C. C. A. 310; N. Y. Elec. Eq. Co. v. Blair, 79 Fed. 896, 25 C. C. A. 216.
Judgment reversed.