Ginder v. Bachman

Citations

• 8 Pa. Super. 405
• 1898 Pa. Super. LEXIS 69

Syllabus

<p>Evidence within party's control — Inference from nonproduction.</p> <p>Where evidence which properly would be part of a case is within the control of the party whose interest it would naturally be to produce it, and, without satisfactory reason, he fails to do so, the jury may draw an inference that it would be unfavorable to him.</p> <p>Charge of court — Attention called to traduction of character.</p> <p>Where parties traduce, practically, the character of another party by insinuations which they bring no evidence whatever to support, the jury have a right to take notice of it, and it is proper that the court should call the attention of the jury to it.</p> <p>Charge of court — Inadequacy—To be reviewed as a whole.</p> <p>Where the complaint is that the charge was inadequate or one-sided, and a particular error of law or misstatement of the evidence cannot be pointed out, the court will be reviewed on the general effect of the charge and not upon sentences or paragraphs disconnected from the context which qualifies or explains them; if as a whole, the charge was calculated to mislead there is error in the record; if not, there is none: McNeill v. Cridland, 6 Pa. Superior Ct. 428, and cases there cited.</p>