Beck v. Hood

Citations

• 185 Pa. 32
• 39 A. 842
• 1898 Pa. LEXIS 665

Syllabus

<p>Evidence — Qross-examinaüon—Witness—Party.</p> <p>If the cross-examination of a witness is directed to collateral matters,, the court may limit and under some circumstances exclude it; but if directed to the situation of the witness, his relations with the party calling him, his zeal or bias as shown by his conduct or by improper efforts to influence witnesses or jurors in the case trying, it is, within proper limits, a matter of right; and when a party becomes a witness for himself, he stands in no better position than any other witness.</p> <p>On the trial of a negligence ease, the plaintiff may be asked upon cross-examination whether he did not, during the progress of a previous trial of the case, meet the foreman of the jury, treat him to liquor, talk with him about the case, and attempt to influence his judgment.</p> <p>Negligence — Joint negligence — Owner and contractor — Province of court and jury.</p> <p>In an action to recover damages for personal injuries suffered by reason of a pile of stones on a sidewalk, where it appears that the stones were placed on the sidewalk by a contractor, and both the contractor and the owner are defendants, it is error for the court to charge that, as to the contractor, “he put the stone there, and had control of it while it was there ; and if there be any liability for negligence it is obvious that in the act of negligence he was a participant.” Either or both may have been guilty of negligence, if negligence existed. The question is one of fact for the determination of the jury and not of law for the decision of the court. While the general rule is that the true ground of liability in actions for negligence is not danger but negligence, and the test of negligence is the ordinary usage of business, yet this rule is not applicable where the ordinary usage of business is below what ordinary care requires.</p> <p>Negligence — Dangerous sidewalk — Reasonable care — Question for jury.</p> <p>It is not enough for a builder to