Carney v. Pennsylvania Railroad
Carney v. Pennsylvania Railroad
Opinion of the Court
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.
Reference
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- Carney v. Pennsylvania Railroad Company
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- Syllabus
- Evidence — Photographs—Identification of locality. 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 knowledge of the accuracy of the photograph, that it fairly and truthfully represents the place or object. The mere fact that changes have been made which do not destroy the original identity of the place will not preclude the photograph from being admitted, but such changes must be fully explained to the jury. Negligence — Railroads—Passenger—Ejection from train — Evidence. In an action by a husband and wife against a railroad company to recover damages for the alleged wrongful ejection of the plaintiffs from a train with resulting injury to the wife from a fall, where plaintiffs testify that they offered to pay the conductor their fares, and that he refused to accept them it is reversible error to refuse to permit the brakeman acting as an assistant conductor, and who collected the fares in the car where the plaintiffs were passengers, to testify that no persons in the ear in question had offered to pay fares as described by the plaintiffs. In such a case it is also reversible error to refuse to permit a witness for the defendant to testify that she was present at the station where the plaintiffs were ejected, and that she observed the passengers getting off the train, and did not see any one fall. „