Scott v. American Express Co.
Citations
- 257 Pa. 25
- 101 A. 96
- 1917 Pa. LEXIS 678
Syllabus
<p>Evidence — Witnesses—Testing credibility — Scope of cross-examination — Former testimony of witness — Objection—Reasons— Rights on appeal — Practice, Supreme Court.</p> <p>1. The credibility of a witness may be impeached if he previously made statements inconsistent with or contradictory to his present testimony, and this includes inconsistent statements made in pleadings in the causes; but to constitute ground for discrediting a witness the omission must he made at a time when the occasion was such that he was called upon to make the disclosure.</p> <p>2. Where in an action against an express company to recover for injuries sustained by an employee in consequence of the defective condition of the brakes and steering apparatus of one of defendant’s motor trucks on which plaintiff was riding as a helper, the defense was that the accident was caused by the intoxication of the driver, a fellow servant, and defendant’s superintendent testified that he visited the driver two hours after .the accident and that he then showed signs of having been drinking, it was reversible error to permit the witness to he cross-examined as to whether he had not sworn to answers in an action brought by the driver in the Municipal Court of Philadelphia County arising out of the same accident and that such answers had said nothing about the driver’s having been intoxicated, where it appeared that under the rules of that court the facts constituting the defense in such case were not required to be stated in the answer.</p> <p>3. Where the objection to such cross-examination was. first made merely on the ground that such evidence was not introduced in plaintiff’s case, but where subsequent comment bf the trial judge and counsel for the plaintiff clearly indicated that the cross-examination was for the purpose of testing the credibility of the witness and, a general objection to the question followed such comment, the record is not clear as to the ground upon which the objection was based,
Judges: Fbazeb, Frazer, Mestbezat, Moschziskeb, Potteb, Stewabt
Read full opinion on CourtListenerCited by
14 cases in this archive cite this case.
- Gail v. PhiladelphiaSupreme Court of Pennsylvania· 1922-03-20· cited 53×
- Knobeloch v. Pittsburgh, Harmony, Butler & New Castle Ry. Co.Supreme Court of Pennsylvania· 1920-01-05· cited 34×
- DeSimone v. PhiladelphiaSupreme Court of Pennsylvania· 1955-01-03· cited 32×
- Schultz v. PivarSupreme Court of Pennsylvania· 1952-04-23· cited 23×
- Morris v. CommonwealthSupreme Court of Pennsylvania· 1951-05-23· cited 16×
- Smith v. L. Blumberg's Son, Inc.Supreme Court of Pennsylvania· 1957-03-25· cited 10×
- Duffy v. Monongahela Connecting RailroadSupreme Court of Pennsylvania· 1952-06-24· cited 9×
- Boyle v. WardM.D. Pennsylvania· 1941-06-30· cited 9×
- McMonagle v. SimpersSupreme Court of Pennsylvania· 1920-04-12· cited 6×
- Woolheater v. Mifflin TownshipSuperior Court of Pennsylvania· 1920-07-14· cited 6×
- Yellow Cab Co. of Philadelphia v. RodgersThird Circuit· 1932-10-25· cited 4×
- Stevenson v. DavisSupreme Court of Pennsylvania· 1922-01-03· cited 2×
- Cherry v. MitoskyPhiladelphia County Court of Common Pleas· 1946-02-14
- Stuck v. Western Maryland Railway Co.W.D. Pennsylvania· 1961-04-21
Cites
5 cases in this archive are cited by this case.
- Royal Ins. v. BeattySupreme Court of Pennsylvania· 1888-02-20· cited 21×
- Floyd v. Kulp Lumber Co.Supreme Court of Pennsylvania· 1908-10-05· cited 18×
- Kuhn v. Ligonier Valley RailroadSupreme Court of Pennsylvania· 1917-01-08· cited 10×
- Dunlap v. Pittsburgh, Harmony, Butler & New Castle Railway Co.Supreme Court of Pennsylvania· 1915-01-02· cited 6×
- Huston's EstateSupreme Court of Pennsylvania· 1895-04-01· cited 2×
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