City of Philadelphia ex rel. McGinn v. Reeder

Citations

• 173 Pa. 281
• 34 A. 17
• 1896 Pa. LEXIS 695

Syllabus

<p>Evidence — Witness—Credibility of witness — Scire facias sur municipal lien.</p> <p>At the trial of a scire facias sur municipal lien, it appeared that the paving for which the lien had been filed was constructed by the use plaintiff under the supervision of the assistant commissioner of highways, and had been accepted by the city as well done according to the specifications. A witness for the defendants who was an agent of a municipal reform association testified to facts tending to show that the work had not been done according to specifications. On cross-examination the plaintiff was permitted under objection and exception to ask the witness whether he had not at another time made a false accusation of corruption as an officer, against the assistant commissioner in connection with the very work of which the pavement in front of defendants’ properly was a part: Held that the question was properly permitted as bearing upon the credibility of the witness, inasmuch as the jury might infer, if he had made such a charge, that his malice continued unabated, and that his testimony was prompted by hatred.</p> <p>When an oral offer of evidence is admitted, and the proof of it wholly fails, the natural tendency is to arouse prejudice against the party making the unfounded offer, and the adverse party has no reason to complain that the jury may have been prejudiced.</p>