Pennsylvania Railroad v. City of Reading
Pennsylvania Railroad v. City of Reading
Opinion of the Court
Opinion by
The questions involved in these two appeals are identical and will be disposed of in one opinion. The plaintiff secured verdicts in the court below for damages suffered by it through the partial taking, under the right of eminent domain, of two adjoining properties; it appealed because dissatisfied with the amounts of the verdicts, and assigns for error several rulings on the evidence, certain remarks, of counsel for the defendant and the presiding judge, and the refusal to grant a new trial.
It will bemoticed that counsel for appellant first introduced into the case the suggestion of $5,500, the amount which the witness had been awarded for damages to his own property, and that he also brought forth the information about the claim for $9,000. On these peculiar facts, we are not convinced that the trial judge committed harmful error (1) in applying to the question concerning the $5,500 recovery the rule that, when a subject is introduced by one party on the cross-examination of a witness of his opponent, the latter may be afforded “the right to follow it up with questions which would not be permissible to him in chief (McElheny v. Pittsburgh, Virginia & Charleston Ry. Co., .147 Pa. 1, 5),” or, so far as the matter of the $9,000 claim is concerned, (2) in recognizing the rule that “an erroneous impression derivable from a statement elicited by one party on cross-examination of the other’s witness may be removed by the latter party”; for, whether technically right or not, the testimony complained of as to the $5,500 award to the witness served to clear up any pos
The next ground of complaint goes to the speech of counsel for the appellee in opening his case to the jury. The incident is thus reported by the trial judge: “Near the close of his opening address the city solicitor said, in effect, that the city would show how the plaintiff itself regarded the benefits likely to accrue to it from the public improvement for the purposes of which the property was taken, the plaintiff, through its counsel, having written to the city solicitor expressing its purpose to donate the property. Of course there was no attempt to read the letter or any part of it to the jury. To the statement as made, plaintiff’s counsel, interrupting the city solicitor, objected on the ground of impertinence. The court, not having any knowledge of the letter, after observing that it could not in advance pass upon its competency but must assume that the city solicitor was making his statement in good faith, added, addressing the jury, that what the city solicitor had said was only by way of outlining what defendant purposed to prove, and that if the matter indicated was not admitted by the court, they must disregard it.” There was no request for the withdrawal of a juror and a continuance of the case, either at this or any other time during the trial, and the course pursued by the court in handling the matter under consideration seems to have been ac
The assignments are all overruled and the judgment is affirmed.
Reference
- Full Case Name
- Pennsylvania Railroad Company v. City of Reading
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Practice, G. P.—Trials—Evidence—Witnesses—Gross-examination—Improper remarks of counsel—Harmless error—Verdict. 1. When a subject is introduced by one party on the cross-examination of a witness of his opponent, the latter may be afforded the right to follow it up with questions which would not be permissible to him in chief. 2. Where on the trial of an appeal from an award of viewers in condemnation proceedings, a witness called by defendant to testify as to the market values, was asked on cross-examination whether he had not demanded more than $5,500 from defendant city for damages to his property, and on being -further questioned replied that he asked for $9,000, it was not error to permit such witness cn redireet-examination to state that he recovered $5',500 damages. The amount of the claim having been elicited by the plaintiff, he could not be heard to object that the facts in relation thereto should be fully brought out so that no false impression might be left in the minds of the jury. 3. Where in such case the city solicitor in his opening address referred to a letter written by plaintiff which was not admissible in evidence, and was subsequently excluded, and where there was no motion to withdraw a juror and continue the case, and although in excluding the letter, the court made a remark which plaintiff claimed was prejudicial to his case, he did not make any objection, or take any exception thereto, no reversible error was committed. 4. The court on appeal will not set aside a verdict in a land damage case because it is less than the lowest estimate of damages given by the witnesses for defendant, nor on the theory that the jury did not allow damages for delay in payment where there was a general verdict and it was impossible to say whether they had allowed such damages, or if they made no allowance, it was because they deemed none necessary.