Donovan v. Philadelphia Rapid Transit Co.

Citations

• 273 Pa. 152
• 116 A. 807
• 1922 Pa. LEXIS 537

Syllabus

<p>Practice, O. P. — Judgment n. o. v. — Evidence—Oral evidence— Inference.</p> <p>1. In deciding whether judgment should be entered non obstante veredicto, all the evidence and inferences therefrom, favorable to the party having the verdict, must be accepted as true, and all which are unfavorable, if depending solely on oral evidence, must be rejected.</p> <p>2. A judgment will not be sustained if based upon a fact or a series of facts which cannot possibly be true.</p> <p>Negligence — Street railways — Grossings—Control of vehicle.</p> <p>3. On approaching the crossings on public streets, prepared for and used by pedestrians, all drivers must be highly vigilant and retain such control over their vehicles as to enable them to be stopped on the shortest possible notice.</p> <p>Evidence — Experts—Opinions.</p> <p>4. The court below cannot be reversed for overruling an offer to prove, by an expert, a matter of simple arithmetic, which could be answered just as well by one who is not an expert.</p> <p>5. A question which seeks to obtain an expert opinion regarding the length of time a particular vehicle would take in traveling a given distance, must set forth all the elements, human and otherwise, which may in any way affect the subject-matter of the question.</p> <p>Appeals — Assignments of error — Two exceptions.</p> <p>6. An assignment of error which contains two exceptions is bad under the rules of court.</p>