Monier v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Jan. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1907, No. 5,113, on verdict for plaintiff in case of Emil Monier v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries and for wrongful ejectment from car.
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Jan. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1907, No. 5,113, on verdict for plaintiff in case of Emil Monier v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries and for wrongful ejectment from car. At the trial it appeared that the plaintiff was a passenger on one of defendant’s cars on January 23, 1907. He got into an altercation with>the conductor and the latter pushed him off in a manner that indicated violence. The court charged in part as follows: [If you believe a man was so cruel, so lowbred, brutal and criminal…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
February 21, 1910:
We are compelled to sustain the second and third assignments of error and reverse this judgment. The language of the charge complained of in these assignments would manifestly prejudice the jury against the defendant company. We have condemned language of similar import used by counsel in arguing a case to the jury, and with greater reason it should not be employed by the court in submitting the case to the jury. The trial judge may express his views on the evidence in a proper and dispassionate manner so long as he leaves the jury entirely…
2Cited by13 opinions
- Commonwealth v. ClaiborneSuperior Court of Pennsylvania · 1953
- Duffy v. GriffithSuperior Court of Pennsylvania · 1938
- Hoagland v. MulfordSupreme Court of Pennsylvania · 1929
- Carr v. MundorfSupreme Court of Pennsylvania · 1933
- Weiss v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1924
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