Fitzpatrick v. Union Traction Co.

Citations

• 206 Pa. 335
• 55 A. 1050
• 1903 Pa. LEXIS 713

Syllabus

<p>Negligence — Contributory negligence — Charge of court — Harmless error.</p> <p>In an accident case it is improper for the court to instruct the jury that the plaintiff cannot recover unless he proved that he was in nowise guilty of any negligence that contributed to the injury. Such an instruction imposes upon the plaintiff the burden of showing affirmatively that he was not guilty of contributory negligence. This is more than he was required to do. It is sufficient that his own evidence docs not disclose any contributory negligence. A judgment, however, will not be reversed for such eri’or where it appears that the court subsequently gave full, ample and proper instructions, so that the jury could not have been misled.</p> <p>The general effect of the charge of the court, rather than a casual expression of it must govern the interpretation or construction of it.</p> <p>It is impx'oper to assign as error the entire charge of the court without pointing out specific errors.</p> <p>While the trial judge may not decide a disputed question of fact when the averments of the parties in its support or denial are sustained by reasonable px-oof, he may express his opinion respecting the evidence, and at times it is his duty to do so.</p> <p>Appeals — Assignments of error — Evidence.</p> <p>A judgment will not be reversed because of the exclusion of certain testimony where the party is subsequently permitted to testify to substantially the same allegations as those contained in the rejected offers.</p>