Gillman v. Media, Middletown, Aston & Chester Electric Railway Co.

Citations

• 224 Pa. 267
• 73 A. 342
• 1909 Pa. LEXIS 778

Syllabus

<p>Evidence — Witnesses—Expert—Hypothetical question.</p> <p>1. Where the facts are admitted or proved by evidence which js not conflicting, an expert may be interrogated as to his opinion upon such facts. As, however, it is the province of the jury to determine the facts, an expert cannot be asked his opinion upon the whole evidence in the case where that is conflicting. But a party may state specifically the particular facts he believes to be shown by evidence or such facts as the jury would be warranted in finding from the evidence, and ask the opinion of the expert on such facts, assuming them to be true. The other side may likewise put a hypothetical question based upon such facts as he alleges are shown by the evidence or the jury would be justified.in finding from the evidence. Neither side is re- ■ quired in putting the hypothetical question to include therein any other facts than those which he may reasonably deem established by the evidence.</p> <p>2. Where a hypothetical question states all of the facts disclosed by the evidence in the case, from the standpoint of the party interrogating the witness, the question states all that is required.</p> <p>Practice — Trial—Continuance cause — Absence of witness — Discretion of court.</p> <p>3. It is not an abuse of discretion amounting to reversible error for a trial judge to refuse to continue a case because of the absence of a witness where there is no proof that the witness had been subpoenaed, where there is no offer to show what he would testify to, and where it also appears that the testimony of the witness would have been simply cumulative.</p>