Legal Opinion

Fisher v. Hart

Supreme Court of Pennsylvania

Decided May 23, 1892No. Appeal, No. 87PublishedCited by 17 opinions

Appeal, No. 87, July T., 1890, by defendant, John D. Hart, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1888, No. 602, on verdict for plaintiff, William Fisher. Trespass for personal injuries. On the trial the following facts appeared: Plaintiff, a minor, was in the employ of defendant learning the trade of bricklaying. On Aug. 7,1888, the plaintiff was working on a building which was being erected by defendant. It became necessary to raise the scaffold.

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Appeal, No. 87, July T., 1890, by defendant, John D. Hart, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1888, No. 602, on verdict for plaintiff, William Fisher. Trespass for personal injuries. On the trial the following facts appeared: Plaintiff, a minor, was in the employ of defendant learning the trade of bricklaying. On Aug. 7,1888, the plaintiff was working on a building which was being erected by defendant. It became necessary to raise the scaffold. In so doing, a ledger board (the board which is nailed to the uprights and acts as the support of the putlocks upon which the floor…

1Opinion of the Court

Opinion by

Mb. Justice Stebbett,

The subject of complaint in the first specification is the admission of the leading question, therein recited, that was put by the plaintiff to his own witness.

As a general rule neither party has a right to treat his own witness as hostile, and proceed either to cross-examine him or to call other witnesses to contradict him, without first showing sufficient cause for so doing. The rule and' recognized exceptions thereto were fully considered by Mr. Justice Thompson, in Stearns y. Merchants’ Bank, 53 Pa. 496 ; and there appears to be nothing in what is said there…

2Cases cited1 opinion

  1. Stearns v. Merchants' BankSupreme Court of Pennsylvania · 1867

3Cited by17 opinions

  1. Commonwealth v. TurnerSupreme Court of Pennsylvania · 1957
  2. Commonwealth v. TuckerSupreme Court of Pennsylvania · 1973
  3. Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
  4. Commonwealth v. KnudsenSupreme Court of Pennsylvania · 1971
  5. Selden, Admr. v. Metro. Life Ins. Co.Superior Court of Pennsylvania · 1945

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