Rudy v. Myton

Citations

• 19 Pa. Super. 312
• 1902 Pa. Super. LEXIS 92

Syllabus

<p>Evidence — Witness—Competency of witness — Party dead — Act of June 11, 1891, P. L. 287.</p> <p>In an action by an administrator where the plaintiff has called a living and competent witness who has testified adversely to the interest of defendants with regard to a certain matter which is relevant and which had occurred before the death of the decedent, and in the presence and hearing of such witness, the surviving defendants are'competent to testify with regard to that particular relevant matter. ■ •</p> <p>• Evidence — Writing—Parol evidence. • \\ -</p> <p>A paper should not be admitted in evidence where it does -not show upon its face that it had any bearing upon the matter in controversy, arid where there is no parol testimony to connect it with the matter in dispute.</p> <p>Evidence — Witness—Discrediting witness.</p> <p>Where the defendants have attempted to discredit a witness of the plaintiff by showing that-his testimony upon the trial is different from that which he had given upon a former occasion, it is proper to permit plaintiffs to show what had been the entire testimony of the witness upon the former occasion with regard to the particular matter as to which the alleged discrepancy in his testimony arose:</p> <p>Practice, C. P. — Trial—Points.</p> <p>The refusal of a point containing two distinct propositions is not reversible error.</p>