Lenahan v. Pittston Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 61, Jan. T., 1908, by defendant, from judgment of O. P. Luzerne Co., Oct. T., 1904, No. 774, on verdict for plaintiff in case of Margaret Lenahan v. The Pittston Coal Mining Company. Trespass to recover damages for death of plaintiff’s minor son. Before IIalset, J. At the trial Lawrence B. Jones, one of the counsel for the defendant, was called to discredit a witness for plaintiff.
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Appeal, No. 61, Jan. T., 1908, by defendant, from judgment of O. P. Luzerne Co., Oct. T., 1904, No. 774, on verdict for plaintiff in case of Margaret Lenahan v. The Pittston Coal Mining Company. Trespass to recover damages for death of plaintiff’s minor son. Before IIalset, J. At the trial Lawrence B. Jones, one of the counsel for the defendant, was called to discredit a witness for plaintiff. In his examination in chief he testified that he was an attorney for the defendant. On cross-examination he was asked this question: “ Q. You represent a surety company ? ” Defendant’s Counsel: State…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was by a parent to recover for the death of a minor son who was killed at the defendant’s colliery. The testimony of the witness for the plaintiff at the trial was.admittedly -in conflict with his testimony at the coroner’s inquest and with statements made by him at other times. Because of the defective memory of the witness or his desíré not to expose himself to a prosecution for perjury based on his admissions, the defense was unable on cross-examination to prove by him that he had made certain statements in regard to the accident that were in conflict…
2Cases cited4 opinions
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