Wagner v. Hazle Township

Citations

• 215 Pa. 219
• 64 A. 405
• 1906 Pa. LEXIS 767

Syllabus

<p>Negligence — Townships—Defective bridge — Act of June 12, 1893, P. L. 451.</p> <p>The Act of June 12, 1893, P. L. 451, which gave taxpayers the right to contract with a township to furnish materials and labor necessary for opening and repairing roads and bridges of the township, did not in any way relieve the supervisors from their duty to see that the roads and bridges are kept in proper repair, nor did it relieve the township from liability for injuries sustained by reason of defects in the roads and bridges.</p> <p>Negligence — Trial—Improper remarks of counsel.</p> <p>Where, in an action against a township to recover damages for personal injuries sustained by reason of a defect in a bridge, counsel for plaintiff orally offers in the presence of the jury to show that in a suit against a street railway company for the same injuries a verdict had been recovered by plaintiff for $6,000, but had been reversed by the Supreme Court on the ground that the township alone was liable, it is reversible error for the trial court to refuse to withdraw a juror because of the impropriety of counsel in stating the amount of the former verdict.</p> <p>Where an attorney in the trial of a cause wilfully and intentionally makes an offer of wholly irrelevant and incompetent evidence, or makes improper statements as to the facts in his address to the jury, clearly unsupported by any evidence, which are prejudicial and harmful to the opposite party, it is the plain duty of the trial judge, of his own motion, to act promptly and effectively by reprimanding counsel and withdrawing a juror and continuing the cause at the costs of the client. In no other way can justice be administered and the rights of the injured party be protected. The imposition of the costs will remind the client that he has an attorney unfaithful to him as well as to the court. The obligation of fidelity to the court which an attorney assumes on his admission to the bar is ever thereafter with him, and when he att