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· 2/25/1907

Hodder v. Philadelphia Rapid Transit Co.

Citations

  • 217 Pa. 110
  • 66 A. 239
  • 1907 Pa. LEXIS 664

Syllabus

<p>Negligence — Street railways — Charge of court — Inadequacy of charge.</p> <p>In an action against a street railway company for personal injuries, where the plaintiff testifies that she was injured by the sudden starting of a car when she was attempting to alight from it, while at rest, and her evidence is directly contradicted by the conductor, motorman and four passengers, all of whom had equal opportunity with the plaintiff to know what the actual fact was, the numerical inequality in the support given one side and the other by the witnesses, is a proper subject of judicial comment and to minimize the effect of such inequality' so as to make what is said on the subject prejudicial and misleading is reversible error.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

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