Sechrist v. Jahn

Decided July 28, 1899

Superior Court of Pennsylvania · decided 1899-07-28

Appeal, No. 97, April T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1897, No. 775, on verdict for plaintiff. Opinion by Smith, J. Trespass. Before Kennedy, P. J. The facts sufficiently appear from the charge of the court as follows: This action is brought to recover damages for injuries which the plaintiff alleges he received in an encounter with the defendant on December 23, 1896.

Affirmed · Decided 1899-07-28

¶1Opinion by

Smith, J.,

¶2The fact of an assault by the defendant on the plaintiff is admitted. As to the circumstances which, the defendant contends, justified the assault, the evidence was conflicting; hence the question of justification was for the jury. The record shows no request by either party for instructions on any point.

¶3The first, second and third specifications are defective in not setting out, particularly, the grounds on which they are based. As to the fourth,^.t is well settled that “ mortification to the feelings,” or personal humiliation, resulting from a tort, is a legitimate element for consideration in fixing the damages^* Rockwell v. Borough of Eldred, 7 Pa. Superior Ct. 95, and authorities there referred to.

¶4The case was submitted to the jury with adequate instructions respecting the rights of the parties, and the measure of damages, which were the only matters involved.

¶5Judgment affirmed.