Graham v. Pennsylvania Co.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 139 October Term 1890, Sup, Ct.; court below, No. 402 December Term 1888, C. P. No. 1. On October 23, 1888, William S. Graham and Maria E.' Graham, his wife, in right of said wife, brought trespass against the Pennsylvania Company, operating the Pittsburgh, Fort Wayne & Chicago railwaj1-, to recover damages for personal injuries received by Mrs. Graham and alleged to have been caused by the…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 139 October Term 1890, Sup, Ct.; court below, No. 402 December Term 1888, C. P. No. 1. On October 23, 1888, William S. Graham and Maria E.' Graham, his wife, in right of said wife, brought trespass against the Pennsylvania Company, operating the Pittsburgh, Fort Wayne & Chicago railwaj1-, to recover damages for personal injuries received by Mrs. Graham and alleged to have been caused by the negligence of the defendant company. Issue.- At the trial on April 1,1890, it was shown that the arrangement of the Federal…
1Opinion of the Court
*158OPINION,
Me. Justice Mitchell :
That the opinions of witnesses are in some cases admissible as evidence, even when not coming properly under the head of expert testimony, has long been established in practice. In several classes of questions, the line between the witness’s judgment or opinion and his affirmation of a fact is so indistinct that it cannot be marked out in practice. Such are questions of identity of persons or things, of the lapse of time, of comparative shape or color or sound, of expression and through it of meaning, etc. In all of these, however positively the witness may…
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