214 Pa. 500 | Pa. | 1906
Opinion by
This belongs to a class of cases wherein^t is the duty of the trial judge to give to the jury definite, exact and concise statements of the law and the facts in order that intelligent consideration may be given and correct conclusion reached. The plaintiff’s cases depended upon her saying that the car stopped before she proceeded to alight. She did so testify, and was corroborated by a companion with her. The defendant, how
There could be no objection to the court reviewing the testimony on both sides, but when this is done it must be impartially and fairly'commented on without giving undue prominence to either side, and without presenting an argument on one side of the case. In Reichenbach v. Ruddach, 127 Pa. 564, Mr. Justice Green, said: “ If the testimony upon one side of a controverted question of fact is made prominent and conspicuous in the charge, common fairness requires that equal prominence should be given to opposing testimony having a contrary tendency.”
In Fineburg v. Railway Company, 182 Pa. 97, Mr. Justice Williams said: “If the charge is in the nature of an argument on one side, or is inadequate in its treatment of the questions submitted, such defect will be ground for reversal.” In Heydrick v. Hutchinson, 165 Pa. 208, it was held that a charge whose tendency as a whole is to belittle and prejudice one side, and which is not in expression and tone a judicial presentation of the case, is error. To the same effect is Tietz v. Philadelphia Traction Company, 169 Pa. 516; Philadelphia Trust, etc., Company v. Philadelphia, etc., R. R. Co., 177 Pa. 38.
The appellant further contends that its fourteenth point should have been affirmed without qualification, and this is the subject of the twelfth assignment of error. The answer of the learned court to this point casts doubt upon the credibility of the witnesses by suggesting to the jury that the point was a correct statement of the law “ if you believe any of the witnesses who did so testify, believe that they know what they are talking about.” There is nothing in the testimony of these witnesses to warrant such an insinuation. Their testimony was clear and unequivocal, and if the jury believed what they said there could be no recovery. It is true the credibility of witnesses is for the jury, whose duty it is to weigh and consider the testimony of each witness and decide for themselves the points in controversy and whether the witness is to be believed. The point, however, assumed just this state of affairs, and had embodied in it the qualification suggested by the court. The point stated that if the jury believed the testimony of these witnesses, the plaintiff could not recover. Where a point submitted contains an abstract proposition of law upon an assumed fact, it is for the court to determine the legal truth of the conclusion from the assumed fact, and the point should be affirmed or refused without qualification : Citizens’ Passenger
Judgment reversed and a venire facias de novo awarded.