Lindemann v. Pittsburgh Railways Co.

Citations

• 251 Pa. 489
• 96 A. 1085
• 1916 Pa. LEXIS 490

Syllabus

<p>Negligence — Street railways — Releases—Mental capacity — Case for fury — Charge—Inadequacy—Waiver.</p> <p>1. In an action against a street railway company to recover damages for personal injuries occasioned to a passenger, where defendant relied upon a release of all damages for a consideration of $80.00 alleged to have been executed by plaintiff, but where there was evidence, though contradicted, that plaintiff was not capable of comprehending his act and its nature and probable consequences in executing the release, the case was for the jury and a verdict for the plaintifE was sustained.</p> <p>2. In such case the defendant was in no position to complain that the failure of the court to explain to the jury the meaning of “clear, precise and indubitable” used in describing the quality of proof required to overthrow a written instrument, was error where at the conclusion of the charge, counsel were requested to direct the court’s attention to any matters to which they wished the attention of the jury drawn, and defendant’s counsel did not indicate any specific respect wherein the charge was lacking, especially where points for charge submitted by defendant were affirmed by the court, and where counsel for defendant, in his address explained to the jury in the language of the Supreme Court, the meaning of “clear, precise and indubitable” and such explanation was not questioned.</p>