Sebring v. Weaver

Citations

• 42 Pa. Super. 588
• 1910 Pa. Super. LEXIS 383

Syllabus

<p>Jury — Incompetency of juror — Membership in the same fraternal order.</p> <p>1. A juror is not incompetent merely because he and one of the parties-are members of the same religious denomination or fraternal order, where no interest pecuniary or otherwise of the denomination or order is involved in the action; much less is it ground for withdrawing a juror and continuing the case that in the examination of a witness for plaintiff the fact was incidentally developed that the plaintiff’s decedent was at a certain place at a certain time upon a Masonic meeting.</p> <p>Master and servant — Compensation for services — Quantum meruit— Evidence.</p> <p>2. Under a statement of claim alleging an oral agreement whereby plaintiff’s decedent was employed to do certain work for defendant, it not being alleged that the compensation-was expressly agreed upon, but it. being alleged that the services were reasonably worth a certain sum per day, it is competent to prove by a witness qualified to testify upon the subject what the services were worth.</p> <p>3. In such an action it is competent to put in evidence the field notes shown to have been made by the decedent in the surveying in question, as tending to show in connection with the oral testimony the extent and nature of the work done by him.</p> <p>Trial — Evidence—Cross-examination of witness — Discretion.</p> <p>4. The extent to which the cross-examination of a witness as to collateral matters may go for the purpose of testing his recollection and credibility, is largely within the discretion of the trial judge.</p> <p>Appeals — Assignments of error — More than one-point in assignment.</p> <p>5. An assignment of error is improper which refers to several exceptions taken during the course of the examination of a witness, and ■ raises more than one distinct question.</p>