Legal Opinion

Dampman v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 5, 1895No. Appeal, No. 227PublishedCited by 6 opinions

Appeal, No. 227, July T., 1894, by defendant, from judgment of C. P. Chester Co., Aug.-T., 1893, No. 139, on verdict for plaintiff. Trespass for personal injuries. Before Waddell, P. J. At the trial it appeared that on January 12, 1893, plaintiff, a passenger on defendant’s train, was injured by the derailing and overturning of the ear in which he was riding.

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Appeal, No. 227, July T., 1894, by defendant, from judgment of C. P. Chester Co., Aug.-T., 1893, No. 139, on verdict for plaintiff. Trespass for personal injuries. Before Waddell, P. J. At the trial it appeared that on January 12, 1893, plaintiff, a passenger on defendant’s train, was injured by the derailing and overturning of the ear in which he was riding. Evidence for the plaintiff tended to show that, at the point where the accident occurred, there was a rail broken one third through, with the surface of the fracture covered with rust; that the rail had been used for ten years, and…

1Opinion of the Court

Per Curiam,

Restricted, as it clearly was, to the single purpose of contradicting Mr. Hendricks, we think the testimony referred to in the first six specifications of error was rightly admitted. In ruling on one of the offers, the learned trial judge said : “We will admit this testimony simply for the purpose of affecting the credibility of Mr. Hendricks, with the distinct understanding that it cannot be used to affect any liability on the part of the company by any declarations made by Mr. Hendricks at the time of the conversation.” Afterwards he pointedly cautioned the jury by saying, “they…

2Cited by6 opinions

  1. Commonwealth v. CommanderSupreme Court of Pennsylvania · 1970
  2. Dincher v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1947
  3. Bizich v. Sears, Roebuck & Co.Supreme Court of Pennsylvania · 1958
  4. Giberson v. Patterson Mills Co.Supreme Court of Pennsylvania · 1896
  5. Commonwealth v. CommanderSupreme Court of Pennsylvania · 1970

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