Musick v. Borough of Latrobe
Supreme Court of Pennsylvania
Appeal, No. 86, Oct. T., 1897, by defendant, from judgment of O. P. Westmoreland County, May T., 1894, No. 899, on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that plaintiff, on the night of October 14, 1893, fell down the steps of an entrance to an unprotected cellar way leading from an alley twenty feet wide in the borough of Latrobe. The night was dark, and it was raining.
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Appeal, No. 86, Oct. T., 1897, by defendant, from judgment of O. P. Westmoreland County, May T., 1894, No. 899, on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that plaintiff, on the night of October 14, 1893, fell down the steps of an entrance to an unprotected cellar way leading from an alley twenty feet wide in the borough of Latrobe. The night was dark, and it was raining. The plaintiff lived a few miles from Latrobe, and was not familiar with the alley. Plaintiff in his testimony described the accident as follows: “Q. You were crossing over Ligonier…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
The general rule is well settled that the province of a witness is to state facts, and that of the jury is to draw conclusions from them. There are some exceptions to this rule, particularly when the facts are of such a character as to make it necessary, or at least helpful, that the jury be guided in drawing their conclusions by the testimony of persons possessing superior knowledge of the subject under investigation. In such cases the opinions of expert witnesses are given to the jury as to the effect of certain given facts, or their own conclusions drawn from…
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- Lee v. Salt Lake CityUtah Supreme Court · 1905
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