Staddon v. Chapman Mineral Co.
Superior Court of Pennsylvania
Appeal, No. 49, Oct. T., 1906, by defendant, from judgment of C. P. Chester Co., Aug. T., 1905, No. 92, on verdict for plaintiff in case of Wilmer G. Staddon, by his father and next friend, William Staddon, v. Chapman Mineral Company. Trespass to recover damages for personal injuries. Before Butler, J. Verdict and judgment for plaintiff for $1,500. Defendant appealed. Error assigned was in refusing binding instructions for the defendant.
1Opinion of the Court
Opinion by
Head, J.,
The single assignment of error exhibited by the record complains of the refusal of the court below to withdraw the case from the consideration of the jury and give binding instructions in favor of the defendant. In reviewing the correctness of the conclusion reached by the learned trial judge we have naught to do with any conflict in the testimony, nor is it for us to consider whether the story told by any witness is either probable or credible. Our province is to ascertain and determine (a) was there testimony produced by the plaintiff that, if believed by the jury, would…
2Cases cited3 opinions
- Rummel v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1890
- Kehler v. SchwenkSupreme Court of Pennsylvania · 1892
- Doyle v. Pittsburg Waste Co.Supreme Court of Pennsylvania · 1903