Dennick v. Scheiwer

Opinion by

Mr. Justice Arnold,

In this action for trespass the plaintiff declared (a) for damages under the Death Statute of 1851, P. L. 669, 12 PS §1601, and (b) for damages on a survival action. The verdict was for the defendant. The case for the plaintiff consisted in (1) circumstantial evidence, which of course was for the jury, and (2) alleged admissions of the defendant made by him to police officers at the scene of the accident. The defendant denied the testimony of the officers. The plaintiff ashed for a new trial on the ground that the defendant was permitted to testify generally, i.e.…