Gillman v. Media, Middletown, Aston & Chester Electric Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 95, Jan. T., 1908, by defendant, from judgment C. P. Delaware Co., Jan. T., 1906, No. 185, on verdict for plaintiff in case of Bertha Gill-man v. Media, Middletown, Aston & Chester Electric Railway Company. Trespass to recover damages for personal injuries.
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Appeal, No. 95, Jan. T., 1908, by defendant, from judgment C. P. Delaware Co., Jan. T., 1906, No. 185, on verdict for plaintiff in case of Bertha Gill-man v. Media, Middletown, Aston & Chester Electric Railway Company. Trespass to recover damages for personal injuries. Before Johnson, P. J. At the trial when Dr. Paxson was on the stand he was asked the following question: “Q. If Bertha Gillman, prior to June 9, 1906, was in good physical health, and on that day received an injury on a trolley car which fractured her coccyx, and has since that time been operated upon for that fracture, and is…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Notwithstanding the thirteen assignments filed in this case we are not convinced that the learned court below committed error on the trial of the cause.
The assignments alleging error in the admission of expert testimony are without merit. Where the facts are admitted *274or proved by evidence which is not conflicting, an expert may be asked his opinion upon such facts. As, however, it is the province of the jury to determine the facts, an expert cannot be asked his opinion upon the whole evidence in the case where that is conflicting. But a party may state…
2Cases cited4 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Davidson v. StateIndiana Supreme Court · 1893
- Stearns v. . FieldNew York Court of Appeals · 1882
- Coyle v. CommonwealthSupreme Court of Pennsylvania · 1883
3Cited by27 opinions
- Cooper v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1936
- Kozak v. StruthSupreme Court of Pennsylvania · 1987
- McSparran v. HaniganDistrict Court, E.D. Pennsylvania · 1963
- Commonwealth v. RobertsSupreme Court of Pennsylvania · 1981
- Battistone v. BenedettiSupreme Court of Pennsylvania · 1956
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