Knee v. McDowell

Citations

• 25 Pa. Super. 641
• 1904 Pa. Super. LEXIS 132

Syllabus

<p>Contract — Confidential relations — Expression of opinion of court.</p> <p>Where a woman twenty-seven years of age occupies towards a man eighty-four years old the relation of friend, nurse and caretaker, and receives from him a check for a large sum amounting to about a quarter of his whole estate, for services alleged to have been x-endered, the burden is upon the recipient of the check to give a distinct, clear and full explanation of the circumstances under which the check was given.</p> <p>In such a case the court cannot be convicted of reversible err<^r in expressing its opinion to the jury as follows: “In our opinion you ought xxot to find from the evidence that the plaintiff is entitled to a verdict for the full amount of this check; that she did not give fqll consideration for it; that at the time it was made the decedent was not indebted to the plaintiff in the sum of $5,000. This is only our opinion from the evidence in the case. It is not binding upon you. It is your province to find the facts. You are not bound by the opinion of the court. You can disregard any opinion the court may express.”</p>