Marrazzo v. Scranton Nehi Bottling Co.
Decision Date | 20 March 1970 |
Citation | 263 A.2d 336,438 Pa. 72 |
Parties | Michael MARRAZZO, Rose Marrazzo, and John Marrazzo, Appellants, v. SCRANTON NEHI BOTTLING COMPANY, Inc., Appellant. |
Court | Pennsylvania Supreme Court |
Pual A. Barrett, Russell J. O'Malley, Nogi, O'Malley & Harris, Scranton, for Marrazzo.
Before BELL, C.J., and JONES, COHEN, EAGEN, O'BRIEN, ROBERTS, and POMEROY, JJ.
This action involves cross-appeals from judgments entered in plaintiffs' favor in a suit to recover damages for losses sustained as a result of the destruction of their property in a 1956 fire negligently caused by the defendant. In a previous appeal to this Court the liability issue was resolved favorably to plaintiffs. Marrazzo v. Scranton Nehi Bottling Company, Inc., 422 Pa. 518, 223 A.2d 17 (1966). Pursuant to this Court's instructions, additional testimony limited to the damage issue was heard by the trial judge sitting without a jury. The court below entered judgment nisi in favor of Michael and Rose Marrazzo in the sum of $21,500 (for the loss of their building) and in favor of John Marrazzo for $30,400 (for the loss of machinery and equipment). It then ordered interest to be paid on both amounts from December 22, 1956, the date of the fire. Defendant filed exceptions, and the court en banc modified the award of interest by making it payable from May 18, 1960, the date on which plaintiffs instituted suit. Defendant appeals from the award of any interest at all, and plaintiffs appeal from the action of the court en banc shortening the period for which interest was payable.
Although there is language in some early cases to the contrary, City of Allegheny v. Campbell, 107 Pa. 530 (1884); Pennsylvania Railroad Co. v. Patterson, 73 Pa. 491, 498--499 (1873), it is now the settled law in this Commonwealth that interest, as such, is not allowed in tort actions when the damages sought to be recovered are unliquidated. Girard Trust Corn Exchange Bank v. Brink's Inc., 422 Pa. 48, 57, 220 A.2d 827 (1966); Carbondale City School District v. Fidelity and Deposit Company of Maryland, 346 Pa. 491, 31 A.2d 279 (1943); Klages v. Philadelphia & Reading Terminal Co., 160 Pa. 386, 28 A. 862 (1894); Act of April 6, 1859, P.L. 381, § 1, 12 P.S. § 781 and 1 Sm.L. 7, § 2, 12 P.S. § 782.
This Court, however, has developed the doctrine that:
Richards v. Citizens Natural Gas Company, 130 Pa. 37, 40, 18 A. 600 (1889).
Irvine v. Smith, 204 Pa. 58, 53 A. 510 (1902); Stevenson v. Ebervale Coal Company, 203 Pa. 316, 52 A. 201 (1902); Klages v. Philadelphia & Reading Terminal Co., supra; Campbell v. Baltimore & Ohio Railroad Company, 58 Pa.Super. 241 (1914). We have emphasized that compensation for delay in payment is not a matter of right but is an issue for the finder of fact, the resolution of which depends upon all the circumstances of the case.
In Pierce v. Lehigh Valley Coal Company (No. 2), 232 Pa. 170, 172, 81 A. 142, 143 (1911), we outlined one important element:
Conover v. Bloom, 269 Pa. 548, 112 A. 752 (1921); Stevenson v. Ebervale Coal Company, supra; Mead v. Central Pennsylvania Traction Company, 54 Pa.Super. 400 (1913). The theory behind this element is the belief that the defendant would have been willing to settle the case at a much earlier stage if the plaintiff had made a reasonable demand and because the plaintiff made an unreasonable demand he cannot complain that he had not had the use of the money during the period of litigation. The burden of proving that the demand was unreasonable is upon the defendant. Conover v. Bloom, supra.
In this action, the lower court merely stated that interest was to be paid on both amounts from December 22, 1956. The court en banc, while referring to the award as interest, did recognize the...
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In re Jack Greenberg, Inc., Bankruptcy No. 95-13891DWS. Adversary No. 97-0068.
...not be recoverable since the damages in this matter are not fixed with any degree of certainty. See Marrazzo v. Scranton Nehi Bottling Company, 438 Pa. 72, 74-75, 263 A.2d 336, 337 (1970) (under Pennsylvania common law, interest may be awarded by the jury in cases of unliquidated damages wh......
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Peterson v. Crown Financial Corp.
...the loss of use of property or detention of damages results not from tort but from breach of contract."); Marrazzo v. Scranton Nehi Bottling Co., 438 Pa. 72, 263 A.2d 336 (1970); Tennessee Carolina Transportation, Inc. v. Strick Corp., 283 N.C. 423, 196 S.E.2d 711 (1973) (applying Pennsylva......
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Francisco v. U.S.
...is an issue for the finder of fact, the resolution of which depends upon all the circumstances of the case." Marrazzo v. Scranton Nehi Bottling Co., 263 A.2d 336, 337 (Pa. 1970); see also American Enka Co., 686 F.2d at 1056. Under either theory, "interest" or "compensation for delay," the p......
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...rule, interest as such is not recoverable in tort actions where the damages sought are unliquidated. Marrazzo v. Scranton Nehi Bottling Co., 438 Pa. 72, 74, 263 A.2d 336, 337 (1970) (collecting cases). To the extent that prejudgment interest is recoverable in tort cases, it is more accurate......