Fineburg v. Second & Third Streets Passenger Railway Co.

Citations

• 182 Pa. 97
• 37 A. 925
• 1897 Pa. LEXIS 775

Syllabus

<p>Negligence — Inadequate charge — Credibility of witness.</p> <p>In an accident case where the testimony of the only witness who testifies to acts of defendant’s negligence is contradicted by his own statements, by every other witness in the case, and by all the circumstances surrounding the accident, it is reversible error for the court to neglect to call the attention of the jury to the pertinent facts affecting the credibility of the witness and the contradictions of his testimony.</p> <p>Slight inaccuracies in reviewing the evidence will not be regarded as error, but if the charge of the court is in the nature of an ai'gument on one side, or is inadequate iu its treatment of the question submitted, such defect will be ground for reversal.</p>