Philadelphia, Baltimore & Washington R. R. v. Perna

Citations

• 272 Pa. 569
• 116 A. 398
• 1922 Pa. LEXIS 870

Syllabus

<p>Evidence — Origin and history of transaction — Contract.</p> <p>1. Where evidence tends to make the fact in issue more or less probable, or shows the origin and history of the transaction between the parties, and explains its character, it is material.</p> <p>Evidence — Admissibility of — Items claimed established by verdict — Appeals—Contract.</p> <p>2. Objection to the admissibility of evidence as to certain items claimed, is untenable on appeal, where the verdict establishes that the contract, covering such items, was in truth entered into by the parties.</p> <p>Appeals — Improper inclusion of items in verdict — Beduction of judgment.</p> <p>3. Where an item has been improperly included in a verdict, the Supreme Court may, in affirming the judgment, modify it by striking the item therefrom.</p>