Rabinowitz v. Silverman

Citations

• 223 Pa. 139
• 72 A. 378
• 1909 Pa. LEXIS 493

Syllabus

<p>Evidence — Impeachment of witness — Evidence of compromise.</p> <p>1. While an offer of compromise is not admissible as evidence of liability, the distinct admission of a fact by one of the parties is not to be excluded because it was made in connection with a proposition looking to a compromise. There is less reason for excluding the proof of a statement by a witness in conflict with his testimony at the trial because in the same conversation a compromise is suggested.</p> <p>2. The right to discredit a witness by proof of contradictory statements without having first called his attention to them, is a matter that rests in the sound discretion of the court.</p> <p>3. A failure to lay a foundation for'the impeachment of a witness, becomes immaterial if the witness is recalled and given an opportunity to explain or reconcile an alleged statement made by him with his testimony.</p>