Pennsylvania Superior Court Reports Volume 49

Pennsylvania Superior Court Reports Volume 49

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...Barnes, 31 Pa. 193, the trial judge received certain evidence which was clearly improper, and it was urged in argument that the error was cured by the subsequent charge of the court. In regard to this Judge STRONG says: " It is impossible to examine the record without being convinced, that the jury did not disregard the illegal evidence, and the plaintiffs have been permitted to recover large damages, ostensibly for one cause, but truly for another, for which the defendants are not liable. Undoubtedly, when a mistake has been made in the admission of evidence on the trial of a cause, it may be subsequently ratified. It may be withdrawn by the party who has given it, or the court may withdraw it, and positively instruct the jury to disregard it--to discard it from their view. In such a case, it is the duty of the court to see to it that no mischief is done, that the illegal evidence be withdrawn, wholly withdrawn and withdrawn for every purpose." And, in Penna. Railroad Co. v. Butler, 57 Pa. 335, the court held (Snanswoon, J.): "if improper evidence is given tending to inflame the damages, and it is not struck out at or before the close of the testimony, so that counsel shall not be allowed to refer to or dwell upon it in their address to the jury, it is altogether too late to cure the mistake in directing the jury to disregard it in the charge." See also Huntingdon & Broad Top Mt. Railroad Co. v. Decker, 82 Pa. 119. In none of these cases was a motion made to strike out the objectionable evidence, and the rule is again declared in Hamory v. Railroad Company, 222 Pa. 631, in which case the court says: "Where evidence has been improperly admitted which tends to prejudice the minds of the jurors, the error more

Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236869699
  • 9781236869692