Hitchens v. Wilmington & Philadelphia Traction Co.

Harrington, J.,

charged the jury in part as follows:

It has been held in this state that the testimony of witnesses who swear positively that they heard or saw a warning of danger is of more weight than the testimony of those who merely swear that they did not hear or see such warning; but the testimony of witnesses who swear positively that there was no warning given is of as much weight.as the testimony of those who swear that they heard or saw the warning claimed to have been given.1 H* •$» H»

*377There are two defendants in this action. As we have already stated, the basis of this action is…