Repsher v. Wattson
Supreme Court of Pennsylvania
This case came up from the Nisi Prius. It was an action on the case by Ann Repsher v. Thomas Wattson, Thomas B. Wattson, and John Ricketts, trading as Thomas Wattson & Sons, to recover damages for an injury sustained by the plaintiff, as was alleged on her part, by the negligence of the defendants’ servant.
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This case came up from the Nisi Prius. It was an action on the case by Ann Repsher v. Thomas Wattson, Thomas B. Wattson, and John Ricketts, trading as Thomas Wattson & Sons, to recover damages for an injury sustained by the plaintiff, as was alleged on her part, by the negligence of the defendants’ servant. There were three counts in the declaration; in the two first negligence by the defendants’ servant in the management of a horse and dray, was alleged; in the third it was charged that the horse was of a fractious and restive disposition, and disposed to fright and shy when driven upon the…
1Opinion of the Court
The opinion of the court was delivered by
Black, C. J.
The stress of the defendant’s argument has been laid on two errors which, it is alleged, were made by the judge on the trial. One of these was a refusal to take the whole case from the jury by charging that there was no evidence to sustain the averment of negligence, and the other was the statement in the beginning of the charge, that the defendant was responsible for his servant’s malice as well as his want of care or skill.
A judge may give his opinion freely on the weight and value of evidence, for he is the best and safest adviser of the…
2Cited by6 opinions
- Ginder v. BachmanSuperior Court of Pennsylvania · 1898
- Price v. HamscherSupreme Court of Pennsylvania · 1896
- Commonwealth v. JonesSuperior Court of Pennsylvania · 1926
- Shipp v. SchmittSuperior Court of Pennsylvania · 1919
- Commonwealth v. GrossSuperior Court of Pennsylvania · 1926
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