Weiss v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 205, October Term, 1913, by defendant, from judgment by C. P. Allegheny Co., May T., 1911, No. 569, on verdict for plaintiff in case of Joseph A. Weiss v. Pittsburgh Railways Company. Trespass to recover damages for personal injury. Before Ford, J. At tlie conclusion of the charge to the jury, counsel for defendant said in requesting an exception thereto: “I desire an exception to the charge as inadequate in not reciting the testimony.
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Appeal, No. 205, October Term, 1913, by defendant, from judgment by C. P. Allegheny Co., May T., 1911, No. 569, on verdict for plaintiff in case of Joseph A. Weiss v. Pittsburgh Railways Company. Trespass to recover damages for personal injury. Before Ford, J. At tlie conclusion of the charge to the jury, counsel for defendant said in requesting an exception thereto: “I desire an exception to the charge as inadequate in not reciting the testimony. It seems to me where a great number of witnesses have been produced by the defendant it is the duty of the court to go into that evidence at some…
1Opinion of the Court
Opinion by by
Mr. Justice Elkin,
What was said in Hodder v. Philadelphia Rapid Transit Co., 217 Pa. 110, applies with singular force to the present case. In that case our Brother Stewart discussed at length the duties of a trial judge in charging a jury where the evidence required comment by the court as an aid in arriving at a correct and just conclusion. It was there said, inter alia: “Did the case present no other feature than this marked numerical inequality in the support given one side and the other by the witnesses, this of itself would be a circumstance properly calling for remark in…
2Cases cited4 opinions
- Cohen v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
- Davies v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
- Hodder v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Lingle v. Scranton Railway Co.Supreme Court of Pennsylvania · 1906
3Cited by4 opinions
- Patterson v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1936
- Coonan v. Baltimore & O. R.District Court, E.D. Pennsylvania · 1938
- Commonwealth v. JaunesSuperior Court of Pennsylvania · 1939
- Coonan v. Baltimore & Ohio R. R.Pennsylvania Court of Common Pleas · 1938