Heron v. Phipps

Citations

• 246 Pa. 294
• 92 A. 206
• 1914 Pa. LEXIS 511

Syllabus

<p>Evidence — Partnership—Holding out as partner — Evidence improperly admitted — Instructions to disregard — Inadequacy of instructions.</p> <p>1. Where evidence has been improperly admitted which tends to prejudice the minds of the jurors and is not struck out at or before the close of the testimony, the error is not cured by instructions to disregard it in the charge.</p> <p>2. In an action to charge deferidant as a partner a very large part of the evidence introduced during a trial of four days, consisted of the declarations of an alleged agent, whose agency was never shown, and of the declarations of the alleged partner. Realizing that this evidence was improperly admitted, the court instructed the jury to disregard it, but such instructions were given only in the charge after the argument of counsel, were scattered through a lengthy charge and were not clear and specific. Held, the error was not cured and the judgment was reversed.</p>