231 Pa. 431 | Pa. | 1911
Opinion by
If the combustion, or explosion, or whatever it was that caused the accident, resulted from sparks emitted from the defective and unguarded motor in the fustic room,
He also testified that immediately after seeing the flash of fire from the motor, “the brick wall partition between the redwood department and the fustic department blew out.” He further testified that the brick wall partition between the two rooms was blown away from the fustic room and toward the redwood room. The only inference to be drawn from these facts is that the explosion occurred in the fustic room, and that the trouble originated in and about the motor. The emission of sparks, or flames of fire, would account for all that happened. We cannot agree that the testimony of the witness, DeShields, who was also on the fifth floor of the building but in another department, contradicts Moore. Indeed, as we read the testimony of these witnesses, one corroborates the other in all essential particulars. Certainly there is no greater variance as to the details of the accident than would be expected in the testimony of two witnesses subsequently relating what took place at the time of this most unusual occurrence. But even if different inferences might be drawn from their testimony it was the duty of the jury to draw them. DeShields testified, among other things, “I heard this noise, and I whirls around and goes toward the steps [meaning the stairway leading from the fifth down to the fourth floor] and I heard the noise again, and when I heard the noise I seen something like electricity and in the meantime the whole thing just lit up and I started to run down the stairs; and I got down about halfway of the steps and so I don’t remember getting down on
The third assignment raises a different question. It is contended that the learned court below committed reversible error in using figures by way of illustration in the computation of damages. Benson v. Railway Company, 228 Pa. 290, is relied on to sustain this contention of appellant. That case is not authority for the position taken here. It was there pointed out that the use of figures by way of illustration in charging a jury as to a method of ascertaining the present value of loss of future earnings is a dangerous practice, but such use of figures is not ground for reversal, if the judge instructs the jury that he is only using the figures by way of illustration, and that he did not intend to indicate what he thought the verdict should be. The judgment in that case was affirmed although practically the same question was raised there as here. As we review this record no harm was done appellant by use, of the illustration about which complaint is now made. Indeed, the effort of the trial judge was to impress upon the jury the important fact in the consideration of such cases, that the present worth of future earnings should be their guiding -thought in arriving at a proper verdict. All of which tended to protect appellant
Assignments of error overruled and judgment affirmed.