Penn Elec. Supply Co. v. Billows Elec. Supply Co

In Penn Elec. Supply Co. v. Billows Elec. Supply Co., 364 Pa. Super. 544, 528 A.2d 643, 645 (Pa. Super. 1987), the Superior Court stated: The general rule in this Commonwealth is that the plaintiff bears the burden of proof as to damages... The determination of damages is a factual question to be decided by the fact-finder.... The fact-finder must assess the testimony, by weighing the evidence and determining its credibility, and by accepting or rejecting the estimates of the damages given by the witnesses.... Although the fact-finder may not render a verdict based on sheer conjecture or guesswork, it may use a measure of speculation in estimating damages.... The fact-finder may make a just and reasonable estimate of the damage based on relevant data, and in such circumstances may act on probable, inferential, as well as direct and positive proof.