Oldham v. United States Express Co.

Citations

• 25 Pa. Super. 549
• 1904 Pa. Super. LEXIS 110

Syllabus

<p>Trial — Comment as to absence of witnesses — Charge. -</p> <p>In an action against an express company to recover damages f or a dog shown to have been suffocated in an express car, where the plaintiff has made out his case, and the defendant has failed to subpoena or produce a veterinary surgeon who had examined the dog, and two persons who had seen the dog on the arrival of the express car at its destination, the court cannot be convicted of error in stating to the jury that “there were witnesses who could have been produced by the defendant with a proper amount of diligence, who knew what the situation was when the dog was discovered to be dead.”</p>