Backstrom v. Kaufmann Deparment Stores, Inc.

Citations

• 266 Pa. 489
• 110 A. 235
• 1920 Pa. LEXIS 595

Syllabus

<p>Evidence — Opinion of adverse witness — Written statement — Contradictions — Res gestes.</p> <p>1. An expression of opinion by an adverse witness, prior to the trial, is not admissible in evidence unless it contradicts his opinion received in evidence at the trial.</p> <p>2. This rule is not affected by the fact that the opinion is in a written statement, other parts of which contradict evidence actually given at the trial.</p> <p>3. Nor by the fact that if the opinion is excluded the other parts . of the statement will not alone accurately express the meaning. The remedy in such case is to explain the true meaning to the jury.</p> <p>4. A statement made by plaintiff’s husband, since deceased, at the place of the accident and within three minutes thereafter, is part of the res gestae.</p> <p>Practice, Supreme Court — Assignments of error — Consideration of evidence — Motion for judgment n. o. v. — Objection not made at trial.</p> <p>5. In considering assignments of error to the refusal of the court below to give binding instructions or to enter judgment non obstante veredicto, the evidence must be considered in the light most favorable to appellee.</p> <p>6. An objection not made at the trial will not be considered on appeal.</p>