Wilhelm v. Uttenweiler

Citations

• 271 Pa. 451
• 112 A. 94
• 1920 Pa. LEXIS 620

Syllabus

<p>Practice, O. P. — Trial — Improper remarks of counsel — Withdrawal of furor:</p> <p>1. It is discretionary with the trial court to withdraw a juror and continue a case because of alleged improper remarks of counsel.</p> <p>2. Whether the court abused its discretion in refusing to witíiT draw a juror is to be determined by the circumstances under which the remarks were made, and by the precautions taken by court and counsel to prevent their having a prejudicial effect.</p> <p>3. In an action against a junk dealer to recover the value of property purchased by him with alleged knowledge it was stolen, a judgment for defendant will not be reversed because counsel for plaintiff said that there was more thieving in the junk business than any other business, when counsel immediately on objection withdraws the remark, and the court properly warns the jury to pay no attention thereto, and the jury awards merely compensatory damages, where they might have awarded punitive damages. .</p> <p>Trespass — Purchasing stolen goods — Measure of damages — Evi- . dence — Witness.</p> <p>4. In an action against a junk dealer to recover the value of metal parts stolen fr'om a brewery, when during the trial the words “value,” “fair value,” “market value” and “worth” are used interchangeably to indicate market value, a judgment for plaintiff will not be reversed, where it appears that the'ease was tried on the theory that the true measure of damages was the cost of replacement, unless defendant was not connected with the larceny, in which event the damage was to be measured by the scrap value.</p> <p>Evidence — Experts—Jury.</p> <p>5. The weight to be given expert testimony as to value is for the jury.</p> <p>6. A person having special knowledge of the value of machinery, may be permitted to testify to its cost and value, although he may not be technically an expert.</p>