Jackson v. Pennsylvania Railroad

Citations

• 228 Pa. 566
• 77 A. 905
• 1910 Pa. LEXIS 528

Syllabus

<p>Practice, C. P. — Trials—Answers to points — Charge—Harmless Error — Appeals.</p> <p>1. The mistake of a trial judge in unqualifiedly affirming a point which is not quite consistent with a correct general charge does not amount to reversible error when the verdict shows no resulting injury therefrom.</p> <p>2. A point is properly refused when not based upon evidence which is uncontradicted.</p> <p>Railroads — Furnishing cars — Discrimination—Treble damages — Statutes — Repeal by implication — Acts of June 4, 1883, P. L. 72, May 81, 1907, P. L. 852, and P. L. 854.</p> <p>3. The second section of the Act of June 4, 1883, P. L. 72, which gives to any person, company or corporation discriminated against by railroads in rates charged and facilities for transportation afforded a right of action to recover treble the amount of injury suffered is not directly nor impliedly repealed by either the Act of May 31,1907, P. L. 352, or the Act of May 31, 1907, P. L. 354.</p> <p>4. Repeals of statutes by implication are not favored and will not be indulged unless it is manifest that the legislature so intended.</p> <p>Stewart, J., dissents.</p>