Platz v. McKean Township

Citations

• 178 Pa. 601
• 36 A. 136
• 1897 Pa. LEXIS 987

Syllabus

<p>Negligence — Roads—Evidence—Effect of variance between allegata and probata when not misleading.</p> <p>In the statement of claim filed in an action of trespass for personal injuries it was averred that the accident took place on “a public or township road . . . leading from Erie to Middleboro.” The evidence showed that the injury was not received between Erie and Middleboro. Counsel for the defendants conceded that they were not misled by the statement of claim. Held, that the defendants were not prejudiced by the alleged variance, and were not entitled to have a motion for a nonsuit sustained.</p> <p>Evidence — Witness—Instruction of court-upon weight of interested and disinterested witness.</p> <p>The fact that a witness has an interest in the case may and should be considered by the jury in determining what weight shall be given to his testimony, but this is no ground for an instruction from the court that the testimony of a disinterested witness is entitled to more weight than his.</p> <p>If a witness in a former trial or elsewhere has made statements contradictory to his testimony at a second trial, such statements affect his credibility as a witness, but they do not authorize a binding instruction for the defendant.</p> <p>Practice, O. P. — Gharge of court.</p> <p>■ It is no ground for reversing a judgment on a verdict for the plaintiff in an accident case, that the trial judge in instructing tire jury used facts assumed but not purporting to have been shown in the testimony, merely by way of illustration as to legal negligence, although the facts assumed may have conformed to a theory of the case urged by one of the parties.</p> <p>Negligence — Notice of condition of highway — Supervisors—Municipal corporations.</p> <p>The individual knowledge of officers or agents of a municipal corporation, who in such capacity have powers or duties conferred upon them with reference to a given matter, is the knowledge of the corporation, and notice to such officers or