Davies v. Philadelphia Rapid Transit Co.

Citations

• 228 Pa. 176
• 77 A. 450
• 1910 Pa. LEXIS 449

Syllabus

<p>Negligence — Trial—Charge—Inadequacy of charge — Preponderance of testimony — Number of witnesses.</p> <p>In an accident case against a street railway company where the plaintiff alone testifies that the car had stopped before she attempted to alight, and eight credible and disinterested witnesses directly contradict her, it is reversible error for the trial judge in his charge to minimize the advantage which the defendant had by reason of the marked numerical preponderance of the witnesses in its favor, and to fail to instruct the jury as to the difference between interested and disinterested testimony, and caution them to have regard thereto in weighing the conflicting testimony, although no particular request was made for such instructions.</p>