Weiss v. Pittsburgh Railways Co.

Citations

• 242 Pa. 506
• 89 A. 586
• 1914 Pa. LEXIS 681

Syllabus

<p>Negligence — Street railways — Evidence—Weight of evidence— Charge to jury — Inadequate charge.</p> <p>1. It is reversible error in a trial judge to fail to point out the kind and quality of the evidence and to clearly direct the attention of the jurors to the testimony relating to the controlling fact in the case.</p> <p>2. Where the attention of the trial judge has been directed by an exception to the inadequacy of the charge, the party complaining thereof is in a position to raise the question of the adequacy of the charge on appeal. It is immaterial in such case that he has not asked for more specific instructions.</p> <p>3. In an action of trespass to recover damages for injuries sustained by plaintiff in boarding a trolley car, where plaintiff’s testimony uncorroborated, except by the confused, unsatisfactory and contradictory testimony of one witness, was to the effect that the car had prematurely started while he was attempting to enter it at a street corner after it had come to a full stop, causing him to fall off and sustain the injuries complained of, and seven witnesses for defendant testified that plaintiff ran from the sidewalk near the middle of a square and attempted to board a moving car at a point not intended for passengers, the court erred in failing to caution the jury against an arbitrary and capricious disregard of the weight of the evidence, and in not charging as to the difference between interested and disinterested testimony.</p>