Baker v. Irish

Citations

• 172 Pa. 528
• 33 A. 558
• 1896 Pa. LEXIS 806

Syllabus

<p>Negligence — Contributory negligence — Evidence.</p> <p>In an action to recover damages for personal injuries where the defendant sets up as a defense the contributory negligence of plaintiff, evidence that on previous occasions plaintiff was guilty of an act, similar to the alleged act of contributory negligence, is inadmissible.</p> <p>Negligence — Evidence—Conflict of evidence — Question for jury..</p> <p>In an action by a boy sixteen year's of age to recover damages for personal injuries sustained while descending in an elevator in defendant’s building, plaintiff testified that he boarded the elevator on the eighth floor, and desired to stop at the third floor, that the elevator conductor stopped the elevator half a foot below the landing of the third floor, threw open the door, and as plaintiff was in the act of stepping out, dropped it suddenly, catching plaintiff’s leg between the transom and floor. The conductor contradicted this, and testified that plaintiff threw open the door, and attempted to jump out while the elevator was in motion. One of the two passengers testified that he did not know who opened the door, but that he heard the crash before the elevator stopped. The other passenger testified that he was sitting on a stool closely examining a time table, when he heard a crash, and he thought there was no stop at the third floor. Held, that the case was for the jury.</p> <p>In a negligence case where the weight of the evidence is against the plaintiff, it is not improper for the judge to call the attention of the jury to this fact, but he is not bound to do so.</p> <p>Negligence — Damages—Trivial error in charge.</p> <p>On an appeal from a judgment on a verdict in favor of plaintiff in an accident case, the Supreme Court will not carry over an error in disregard; ing the weight of the evidence by the jury and court below, and graft it on an assignment relating to the question of damages, although the instruction on the question of damages is not be