261 Pa. 251 | Pa. | 1918
Opinion by
These are actions by husband and wife for personal injuries to the wife. On August 7, 1916, the plaintiff, Mrs. Caffery, while a passenger on one of defendant’s trains, was injured in a collision, under such circumstances as to render the carrier liable therefor. She lived at Coatesville, and, with members of her family, set out that morning for Atlantic City. After the accident she completed her journey and remained at said city for three days when her husband came and took her home. Her
Mrs. Caffery and her two children went to Atlantic City on the occasion of the accident in the company of her uncle, Adam R. Franciscus, who was an employee of the defendant and its principal witness at this trial. The examination tended to disclose some feeling on his
In rebuttal plaintiffs Avere permitted to offer testimony to the effect that shortly before the trial they had a conversation Avith Mr. Franciscus in which he stated that if they did not settle the case he Avould go into court and lie them out of it. This was relevant and proper as going to his credibility. Evidence of a threat to give false testimony, made to one party by a witness of the other is relevant as affecting the truthfulness of such Avitness, and will not be excluded because expressly made to induce settlement of the case. The threat of a Avitness to commit perjury unless a case is settled is not privileged like an offer of a party to compromise litigation. Evidence Avhich affects the credibility of a witness is competent: Magehan v. Thompson, 9 W. & S. 54. “A party seeking to sIioav interest or bias of an adverse witness is not confined to cross-examination but may introduce independent evidence for the purpose”: 40 Cyc. 2676. In the discretion of the trial judge, such independent evidence may be offered without previous cross-examination of the adverse witness Avith reference thereto: Cronkrite v. Trexler, 187 Pa. 100. We see no error in the comments of the trial judge upon the above-mentioned rebuttal evidence; and, in any event, that part of the charge is not properly before us as no exception was taken thereto. Error can only be as
The assignments, of error are overruled and the judgments are affirmed.