American Manufacturing Co. To Use of John V. Doniphan v. S. Morgan Smith Co.

Citations

• 33 Pa. Super. 469
• 1907 Pa. Super. LEXIS 321

Syllabus

<p>Practice, C. P. — Evidence—Nonsuit—Trial—Province of court and jury.</p> <p>A peremptory nonsuit is in the nature of a judgment for defendant on demurrer to evidence; and hence, in testing the validity of such nonsuit, the plaintiff is entitled to the benefit of every inference of fact which might have been fairly drawn by the jury from the evidence before them. It is immaterial that the evidence in support of a plaintiff’s claim may be very slight, provided that it amounts to more than a mere scintilla. If there is any evidence which alone would justify an inference of the disputed facts on which his right to recover depends, it must, according to the well settled rule, be submitted to the jury. It is their exclusive province to pass upon the credibility of witnesses, weigh the evidence and ascertain the facts.</p> <p>Evidence — Primary evidence — Secondary evidence — Documentary evidence..</p> <p>The best evidence rule applies exclusively to documentary evidence; and there is no distinction between primary and secondary evidence, except where some document, or other written instrument exists, the contents of which should be proved by an original rather than by other evidence which is open to the danger of inaccuracy.</p> <p>In an action to recover the price of a large quantity of rope, the fact that somebody weighed the rope and made a record of the weight, does not render other evidence of the weight secondary.</p>