Wirsing v. Smith

Citations

• 222 Pa. 8
• 70 A. 906
• 1908 Pa. LEXIS 650

Syllabus

<p>Evidence — Exclusion of evidence — Relevancy—Collateral matters.</p> <p>Testimony relating to collateral matters not connected with the parties to the action, and without any relevancy to the issue is properly excluded.</p> <p>Assault — Civil action for damages for assault — Evidence—Record of conviction — Cross-examination.</p> <p>On the trial of a civil action to recover damages for personal injuries caused by assault and battery, where the defendant offers in evidence the record of his conviction of the crime and also testifies that he was serving a term in prison as a result of such conviction, and he offers this evidence in mitigation of punitive damages, the plaintiff may on cross-examination develop all the facts shown by the record, or by the testimony of defendant at the time the sentence was imposed.</p> <p>Assault — Civil action — Punitive damages — Record of conviction.</p> <p>On the trial of a civil action to recover damages for personal injuries resulting from an assault, punitive damages may be recovered if the facts warrant their imposition, and this even in a case where there has been a conviction of a criminal offense. In such cases the rule is that the record showing conviction and sentence may be offered in evidence, and considered by the jury in mitigation of exemplary damages.</p> <p>Practice, C. P. — New trial — Excessive verdict.</p> <p>As a rule, whether a new trial be granted or refused is a matter within the sound discretion of the court, and is not sufficient ground of reversible error unless for gross abuse.</p> <p>In an action to recover damages for assault, a new trial will not be granted on the allegation that the verdict of $45,000 was excessive •where it appears that the defendant deliberately shot at the plaintiff, three times with a Winchester rifle, injuring him twice and maiming him for life.</p> <p>Practice, C. P. — Verdict—Conditional verdict — New trial.</p> <p>The trial court may impose terms upon either or both the parti