Gallagher v. Philadelphia Rapid Transit Co.
Gallagher v. Philadelphia Rapid Transit Co.
Opinion of the Court
Opinion by
This action was brought by plaintiff to recover damages for injuries alleged to have been sustained by her while a passenger in a car of defendant, which collided with another of its cars at 52d and Jefferson streets in the City of Philadelphia. Plaintiff’s contention is, that she was thrown from the seat she occupied to the floor of the car by the impact, and seriously and permanently injured. At the trial, defendant admitted the collision, and that plaintiff was a passenger on one of the cars, but claimed she received no injury as the result of the accident. Whether plaintiff was injured, and if so, to what extent she was entitled to receive compensation, were the sole questions for consideration by the jury. A verdict was rendered for defendant, a new trial refused, and this appeal followed.
There are six assignments" of error. The first four, in substance, specify that the verdict is against the law, the weight of evidence and the charge of the court; none of these assignments can be sustained. While the evidence adduced is not voluminous, the value of the testimony of the different witnesses was for the jury, and in this case the facts shown to exist are ample to sustain a verdict for either plaintiff or defendant, just as the jury gave credit to the testimony of the witnesses. Whether the jury erred, and as claimed by plaintiff’s counsel rendered an “obviously capricious” verdict, was a matter within the sound discretion of the trial judge, who saw the witnesses, heard them testify, and noticed their demeanor while on the witness stand; he no doubt considered these matters in disposing of the motion for a new trial. The fifth assignment refers to the refusal of the court to permit plaintiff’s attorney to examine one of defendant’s witnesses on cross-examination in re
The object of this offer was to contradict the statements of these two witnesses as to plaintiff’s condition at the time of the second accident, and discredit their testimony. For that purpose the ground was properly laid and the examination confined to portions of their testimony, which conflicted with that given by them at this trial concerning the physical condition of plaintiff about the time of the accident upon which this action is based. For that purpose the offer was proper, and the testimony clearly admissible. This ruling is supported by Becker v. Philadelphia, 217 Pa. 344.
The assignments of error are overruled and the judgment affirmed.
Reference
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- Gallagher v. Philadelphia Rapid Transit Company
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- Evidence — Gross examination — Extent of cross-examination — Judicial discretion — Physical condition of plaintiff — Testimony at another trial as to physical condition — Relevancy 1. The range of a cross-examination is largely within the sound discretion of the trial judge, and unless that discretion has been abused to the injury of the party complainant, it is not ground for reversal. 2. It is not error for the court to refuse to permit plaintiff’g attorney to examine one of defendant’s witnesses on cross-examination in regard to matters not touched upon in the direct examination and not intended to show bias, or to test the integrity of the witness or the accuracy of his statements. 3. In an action against a street railway company to recover damages for personal injuries, where it appeared that shortly before the accident plaintiff and her sister had testified in a previous trial of another action for personal injuries that plaintiff was sick and was just as b.ad as when first hurt, the admission of the record of such evidence was proper to show that at the time of the second accident plaintiff was not in good health, for the purpose of reducing damages, and to discredit their testimony to the effect that at the time of the second accident plaintiff was in good health. Damages — Personal injuries — Permanent injury — Insufficient evidence'. 4. In an action to recover damages for injuries sustained by a passenger on a trolley car in consequence of a collision, where the only evidence relating to injuries of a permanent character was that of a physician who in reply to a question whether plaintiff would “ultimately get well or require treatment indefinitely” replied “It would be difficult to answer that question definitely. She is still complaining. Of course, I do not see any evidence of it and I have to take her statement,” the trial judge did not err in refusing to permit the jury to assess damages for permanent injuries.