Dreibilbis v. Esbenshade

Citations

• 6 Pa. Super. 182
• 1897 Pa. Super. LEXIS 333

Syllabus

<p>Charge of the court — Biased and extravagant charge.</p> <p>It is reversible error for the court to import into its charge reference to matters which have no bearing on the case and to use extravagant expressions which tend unduly to inflame the minds of the jury.</p> <p>Charge of court — Erroneous construction of evidence.</p> <p>It is error for a trial judge to instruct the jury that alleged slander is proven by defendant’s own admission when the testimony of the defendant denied the slander as laid aud where his admissions were of a radically different statement.</p> <p>It is error for a judge to assume more than is warranted by the testimony.</p> <p>Evidenee — Blander—Hearsay—Irrelevant testimony.</p> <p>In an action for slander it is error to admit proof by plaintiff of what one of his witnesses had told him that defendant had said the same evening the alleged slanderous words had been uttered.</p>