Zeok v. Hertz

Citations

• 11 Pa. Super. 512
• 1899 Pa. Super. LEXIS 163

Syllabus

<p>Burden of proof — Shifting defense — Question for jury.</p> <p>In a suit for money loaned the defense shifted, payment for services being alleged in the affidavit, and receipt as a gift being set up in the testimony at the trial; the burden of proof shifted with this shifting of defenses, and the sole question whether the money was a loan or a gift was one purely of fact for the jury.</p> <p>Charge of court — Discussion of evidence.</p> <p>Where the contention of the parties is clearly discussed and presented in the charge, it is not reversible error for the court, in answer to a request to call the attention of the jury to the testimony of certain witnesses, to direct the jury “ to consider all the evidence.”</p> <p>Province of court — Interrogation of witness by judge.</p> <p>It is not error for the court to interrogate witnesses when necessary to bring the facts clearly before the court and jury.</p>