Edwards v. Gimbel

Citations

• 187 Pa. 78
• 42 W.N.C. 561
• 41 A. 39
• 1898 Pa. LEXIS 1096

Syllabus

<p>Practice, Supreme Gourt — Charge of court — Record—Appeal.</p> <p>A charge of the court is regularly on the record where it is contained in a formal bill of exceptions signed by the judge.</p> <p>Negligence — Charge of court.</p> <p>In an accident case where all the evidence shows that the deceased was struck by a wagon as he was crossing the second of two railway tracks on a street, it is reversible error for the court to say to the jury “ from the evidence it appears that he had only begun to cross.”</p> <p>In an action to recover damages for death it was claimed that the driver of defendants’ wagon rapidly and recklessly drove against the deceased. The defendants claimed that the deceased darted unexpectedly in front of the horse and was struck, by his own fault. The court charged: “ There can be no question about the negligence of the deceased, because there is no evidence which directly shows what he was doing, except the evidence of the two boys, and they say that he stepped directly in front of the horse. At all events, it is important for the jury to consider where he was when he was struck, and from the evidence it appears that he had only begun to cross.” Held, that the charge was confusing and misleading, and that a judgment on a verdict for the plaintiff should be reversed.</p>