Price v. Hamscher

Citations

• 174 Pa. 73
• 34 A. 546
• 1896 Pa. LEXIS 848

Syllabus

<p>Practice, O. P. — Charge of court— Opinion of judge.</p> <p>While a judge may not decide a disputed question of fact when the averments of the parties in its support or denial are sustained by reasonable proof, he may express his opinion respecting the evidence, and at times it is his duty to do so.</p> <p>In an action to recover for money loaned, defendant alleged that the money had been paid to him by plaintiff as wages and not as a loan. The evidence showed that plaintiff was to receive one third the amount recovered in an action which the defendant had brought against a former employer for injuries received in the course of his employment. Defendant testified that he had been induced to leave his former employer and bring that action by the repeated solicitations oí the plaintiff, who promised to take him into his service and pay him wages until the termination of the litigation. When plaintiff was asked whether he had a financial interest in the damage suit he evasively answered, “I did not attend the courts, I was not down there.” To the direct question whether he was present at the trial, he stated that he did not testify in the case; that he had not been a witness. The record showed that he had been in attendance as a witness on a number of occasions when the case had been continued and had claimed witness fees. Held, that it was not error for the court to call the attention of the jury to the plaintiff’s testimony, and to express an opinion as to its truthfulness.</p>