Hughes v. President of the Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Appeal, No. 4, Jan. T., 1896, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1891, No. 763, on verdict for plaintiff. Trespass for killing plaintiff’s husband.
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Appeal, No. 4, Jan. T., 1896, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1891, No. 763, on verdict for plaintiff. Trespass for killing plaintiff’s husband. Before Simon-TON, P. J., of the 12th judicial district, specially presiding: Hughes v. Delaware & Hudson Canal Co., 4 District Reps. 574. The plaintiff’s husband, William J. Hughes, left his house in Hyde Park in company with David Y. Jones to go to Providence on the“ 31st of September, 1890, about 6 o’clock p. m. The two passed over to Scranton and drove westerly on Carbon street until they came to a grade crossing of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It is difficult to see upon what ground the declaration of Jones was excluded. He had testified at the trial as to the manner in which the accident occurred, and the defense offered to contradict him by a statement in writing signed -by him while at the hospital. The witness who took down the statement was allowed to refresh his memory from it, and repeat what Jones had said, but the writing itself was excluded. • This was clear error. If it had been a letter from Jones there could have been no question about its admissibility, and the only difference was that…
2Cases cited3 opinions
- Birch v. Pittsburg, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1895
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- City of Bradford v. DownsSupreme Court of Pennsylvania · 1889
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- Wilson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1966
- Howard v. Bell Telephone Co.Supreme Court of Pennsylvania · 1932
- Darbrinsky v. Pennsylvania Co.Supreme Court of Pennsylvania · 1915
- Rudisill v. CordesSupreme Court of Pennsylvania · 1939
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