Chitwood v. Philadelphia & Reading Railway Co.
Chitwood v. Philadelphia & Reading Railway Co.
Opinion of the Court
Appellant states the question involved thus: “In a case of an injury at a railroad station to a person alleged to have been an intending passenger, where the testimony of plaintiff concerning the happening of the accident is not corroborated, but is denied by six witnesses called by defendant, all of whom were in a position to see the acci
At trial, the judge asked that his attention be called to mistakes of law in the charge, and the instruction now complained of was objected to only as an insufficient general definition of the preponderance of evidence; it presents no reversible error, when considered with its context, which points out, among other relevant principles, that "when the witnesses are even in quality, then numbers do count” and "must be regarded by thé jury in weighing......the evidence,” and that the jury must' always consider the contradiction of one person by a number of witnesses on the other side.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.