Kelley v. Lehigh Valley Railroad

Citations

• 236 Pa. 110
• 84 A. 754
• 1912 Pa. LEXIS 721

Syllabus

<p>Railroads — Passengers — Assault on passenger by braheman— Case for jury — New trial.</p> <p>1. In an action by a passenger against a railroad company to recover damages for personal injuries from blows inflicted upon him by defendant’s brakeman with a ventilator stick, while he was alighting from a train, a verdict and judgment for the plaintiff will not be set aside and a new trial granted, where the evidence is conflicting as to whether the plaintiff misconducted himself, and as -to whether the brakeman was acting in self defense, and this is the case although the court as a juror might have been strongly inclined to find for the defendant, and although the defendant's case was supported by a greater number of witnesses.</p> <p>2. The weight of the evidence is not to be determined by the number of witnesses nor is the verdict to be set aside because the greater number of witnesses testified against the finding. The credibility of witnesses is for the jury, and their manner, their motive, their bias, the inherent improbability of their story, or the want of accurate recollection may discredit their testimony and justify a jury in disregarding it altogether.</p> <p>Practice O. P. — Trial — Jury—Conduct of tipstaff — New trial.</p> <p>3. A new trial will not be granted because of the alleged refusal to report a request by the jury to the judge for further instructions, because such a request was made on a Sunday, where it appears that although one or more of the jurors may have desired further instructions yet there is nothing to show an actual request by the jurors to the tipstaff, and no juryman, when their sealed verdict was opened made objection to the conduct of the tipstaff; nor will a new trial be granted on the ground alleged that a juror had told the tipstaff that his health would be endangered by the jury remaining out another night, where there is no evidence to show that any such statement was made, or that the juror was not in good health, and the ju