Davies v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 71, Jan. T., 1910, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1906, No. 2,324, on verdict for plaintiff in case of Eleanor Davies v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Davis, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $2,500, upon which judgment was entered for $2,000, all above that amount having been remitted.
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Appeal, No. 71, Jan. T., 1910, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1906, No. 2,324, on verdict for plaintiff in case of Eleanor Davies v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Davis, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $2,500, upon which judgment was entered for $2,000, all above that amount having been remitted. Error assigned was that the charge was inadequate.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Counsel for appellant in this case complain of the inadequacy of the charge of the court. They allege that the case for the plaintiff rested upon her own uncorroborated testimony, and that she was contradicted by her own affidavit made shortly after the occurrence of the accident, and was also contradicted as to the essential facts of the case by the testimony of eight eyewitnesses. Under these circumstances counsel contend that it was the duty of the trial judge to explain clearly to the jury the difference between interested and disinterested testimony, as it…
2Cases cited4 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
- Hodder v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Fineburg v. Second & Third Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1897
3Cited by15 opinions
- Patterson v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1936
- Rice v. City of ClevelandOhio Supreme Court · 1944
- State v. CoburnSupreme Court of Vermont · 1960
- Hess v. MummaSuperior Court of Pennsylvania · 1939
- Commonwealth v. FlickSuperior Court of Pennsylvania · 1929
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