Clapp v. Vellner

Citations

• 266 Pa. 332
• 109 A. 636
• 1920 Pa. LEXIS 565

Syllabus

<p>Practice, O. P. — Trial—Instructions to jury — Jury to reconcile testimony of witnesses — Acceptance of testimony of witnesses believed to be most accurate in observation and recollection.</p> <p>1. A jury should be told it is their duty to reconcile the testimony of the witnesses if it can be done and render their verdict accordingly, but if this cannot be done they should accept the evidence of those believed to be most accurate in their observation, recollection and testimony.</p> <p>2. It is error to direct a jury to render a verdict for one of the parties if they believe the testimony of certain of the witnesses called by him.</p> <p>3. A case should always be finally submitted upon the jury’s belief as to the facts, and not as to their belief in named witnesses.</p>