Whitaker ex rel. Whitaker v. Campbell

Citations

• 187 Pa. 113
• 41 A. 38
• 1898 Pa. LEXIS 777

Syllabus

<p>¡evidence- — Expert testimony — Opinion of witness.</p> <p>Where mei-o descriptive language is inadequate to convey to the jury the precise facts or their bearing on the issue the description by the witness must of necessity be allowed to be supplemented by his opinion, in order to put the jury in a position to make the final decision of facts. But where the circumstances can be fully and adequately described to the jury, and are such that their bearings on the issue can be estimated by all men without special knowledge or training, opinions of witnesses, expert or other, are not admissible.</p> <p>In an accident case where llio description of the machine which injured the plaintiff aud its operation tend to establish the fact of danger by establishing other facts from which danger may be inferred, but the inference is to be based on special knowledge and experience in the use of such machine, the opinion of a witness having such special knowledge and experience may be given aftor he has described the machine to the jury.</p> <p>Negligence — Charge of court — Mistake as to fact — Review.</p> <p>In an action by an employee against his employer to recover damages for personal injuries, the court charged that the plaintiff had given two weeks’ labor for the purpose of being properly instructed. The evidence, however, was that, without any contractual relation, he was permitted to go with an employee about the defendant’s mill for the purpose of being instructed. The remaining part of the charge fairly presented the duty of the defendants to give proper instructions to the plaintiff. Held, that the mistake in the charge was not such error as would call for a reversal of a judgment in favor of the plaintiff.</p>