Supreme Court of Pennsylvania, 1906

Evans v. Philadelphia Bourse

Evans v. Philadelphia Bourse
Supreme Court of Pennsylvania · Decided May 14, 1906 · Brown, Fell, Mestbezat, Mitchell, Stewart
215 Pa. 652; 64 A. 463; 1906 Pa. LEXIS 865

Evans v. Philadelphia Bourse

Opinion of the Court

Per Curiam,

This case does not present any material questions except of fact.

There was evidence from which it might be inferred that the parties treated the drawings furnished as those stipulated for, and that matter was for the jury.

What the judge said about the preponderance of evidence was inaccurate, but it is perfectly clear that by preponderance of evidence he meant preponderance in the number of witnesses, and the illustration he gave the juiy, though by no means happy, must have made his meaning clear enough to prevent their being misled by the previous inaccurate phrase.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.