Holden v. Pennsylvania Railroad

Citations

• 169 Pa. 1
• 32 A. 103
• 1895 Pa. LEXIS 1062

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Railroads—Crossings—“ Stop, look and listón.</p> <p>Where a collision takes place at the moment when a person, either on foot or in a carriage, goes upon a railroad track, he cannot recover, no matter what his testimony may be as to stopping, looking and listening, because the fact of the immediate collision conclusively proves that he did not exercise his senses as to the approaching train.</p> <p>In an action to recover damages from a railroad company for personal injuries suffered by plaintiff, in consequence of a collision at a railroad crossing of a highway on which the plaintiff was riding in a carriage, it is the duty of the court to give binding instructions for the defendant where the only evidence that the carriage was stopped and plaintiff looked and listened, is the plaintiff’s own testimony, which is flatly contradicted by the testimony of the driver of the carriage and by four other disinterested witnesses who saw the occurrence.</p> <p>Trial — Improper remarks of counsels — Withdrawal of juror.</p> <p>Where improper remarks of counsel are brought before the court by an affidavit in support of their verity, such affidavit becomes part of the record, upon the allowance of an exception and the refusal of the court to withdraw a juror, for the causes stated in the affidavit, may be assigned as error.</p> <p>Courts — Juries—Verdicts—Setting aside verdicts.</p> <p>When juries are so palpably regardless of their duty and of the sanctity of their oaths, that they permit their verdicts to. be rendered in obedience to their prejudices or their sympathies, the trial court should deal with them in a firm and decisive manner, and should reject their erroneous verdicts without the least hesitation and delay. Otherwise the administration of justice is brought into public contempt and dishonor.</p>