15 Pa. Super. 464 | Pa. Super. Ct. | 1900
The first assignment is not in compliance with Rule 17 of this court. It was important that the sheriff’s return at least should have been printed.
The second and third assignments are to the refusal of the court to give binding instructions for the plaintiff. They cannot be sustained. If the jury believed the testimony of the defendant and her witnesses given on the trial they were warranted in giving a verdict in her favor. The question was one of fact, and the trial judge would have usurped the functions of the jury had he declared that these witnesses were unworthy of belief, as he would have been compelled to do, if he had affirmed these points.
The fourth assignment relates to certain expressions used by the trial judge in stating to the jury the explanations given by certain of the witnesses of the discrepancies between their tes
All the assignments of error are overruled and the judgment is affirmed.