Weiss v. London Guarantee & Accident Co.

Citations

• 280 Pa. 325
• 124 A. 472
• 1924 Pa. LEXIS 516

Syllabus

<p>Practice, O. P. — Trial—Charge—Inadequacy of charge on credibility of witness — Intemperate language — Insurance — Burglary insurance.</p> <p>1. Where an action against an insurance company on a burglary policy, turns upon the testimony of the two plaintiffs and one of their witnesses, and it appears from the uneontradicted evidence that all three have criminal records, and it also appears that their testimony was contradictory, it is reversible error for the court to fail to explain to the jury most carefully the weight to be given to the evidence of such witnesses, and to call attention specifically to the facts affecting their credibility.</p> <p>2. The court commits error in such case if it so charges as to impress upon the jury that the past records of the witnesses may be disregarded if their sentences have been served.</p> <p>3. It also commits error if it suggests to the jury that it is the duty of the insurance company to investigate the characters of assured before issuing the policy.</p> <p>4. Even though no particular paragraph of a charge constitutes reversible error, yet where the tendency, as a whole, is to mislead, there is reversible error.</p> <p>5. Where the statements of the court tend to hold up to ridicule one of the parties, or if the jury is told that a verdict one way or the other should be given, if certain witnesses out of a number are believed, or if intemperate language is used, reversible error is committed.</p>