Burns v. Pennsylvania Railroad

Citations

• 213 Pa. 280
• 62 A. 845
• 1906 Pa. LEXIS 464

Syllabus

<p>Evidence — Purpose of offer — Objection—Trial.</p> <p>Where the plaintiff in the trial of an action, offers evidence without disclosing the purpose of the offer, and the defendant in objecting to the offer assumes that it is for a purpose which makes the offer inadmissible, and the plaintiff makes no disclaimer of the purpose attributed in the objection, the court has no right to assume that another and legitimate purpose was intended.</p> <p>Railroads — Crossings — Negligence — Safety gates — Flagmen — Evidence • — Purpose of offer — Objection.</p> <p>Where the plaintiff in an accident case offers to show that no safety gates or watchmen were at a crossing, and objection is made that the offer is incompetent because the defendant was not required to erect safety gates, or place watchmen at the crossing in question, and the plaintiff does not disclaim the purpose attributed in the objection, the court is in error in overruling the objection on the ground that the evidence was admissible to determine the rate of speed which was reasonably consistent with public safety at the crossing.</p> <p>Where such evidence is admitted, its admission should always be followed by proper instructions from the court as to how it is to be considered and applied by the jury.</p> <p>Negligence — Damages—Charge of court — Unfair treatment of testimony.</p> <p>In a case by a wife to recover damages for the death of her husband, where two witnesses for the plaintiff testify as to the wages which the deceased received, while the time officer of the company who employed the deceased called for the defendant, testified that he only received about one-half of the amount stated by plaintiff’s witnesses, it is reversible error for the court in its charge to refer to the testimony of the two witnesses for plaintiff as to the wages of the deceased, without alluding in any way to the testimony of the time officer.</p> <p>Negligence — Charge of court — Improper charge — Position of danger.</p> <