63 Pa. Super. 138 | Pa. Super. Ct. | 1916
Opinion by
The first assignment of error complains of the refusal to admit in evidence photographs of the place of the accident. Photographs are not of themselves substantive evidence and are not evidence per se. They become admissible when they fairly and truthfully represent the object or place desired to be reproduced. Before they are permitted to be used in the trial there should be preliminary evidence by those possessing sufficient knowl
The plaintiffs testified that they occupied the rear coach and they had offered to pay to the conductor their fare; that this was refused and'they w,ere-ejected from the train. The meat of the plaintiffs’ entire case was in this unlawful ejection occasioned by the refusal.to receive the fares offered. The defendant offered the testimony of the brakeman, who was acting as an assistant to the conductor in the collection of fares, and who did collect the fares and tickets in the car in which these plaintiffs were passengers. This testimony was to the effect that no persons in the car had offered to pay
The same reason may be given for the third assignment. The defendant produced a witness and offered to prove by her that she had seen no person fall after the train stopped. The question was broad enough to include all of the circumstances urged by the appellee. The woman, was present at the station when the train arrived, and observed the passengers getting off the train. If she did not see anyone fall it was material that this evidence be admitted. Its value was for the jury. It was because of a fall from th'e train at this time that Mrs. Carney, one of the plaintiffs, claims she was injured. This assignment of error is sustained.
The judgment is reversed and a venire facias de novo awarded.