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Download Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 205)

Download Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 205)

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 205). Pennsylvania Supreme Court

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 205)
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Author: Pennsylvania Supreme Court
Page Count: 264 pages
Published Date: 02 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235636783
File Name: Pennsylvania.State.Reports.Containing.Cases.Decided.by.the.Supreme.Court.of.Pennsylvania.(Volume.205).pdf
Download Link: Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 205)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... 1903.J Opinion of the Court. in which he stood to others and others stood to him, that the act in question was contrary to the plain dictates of justice and right, injurious to others and a violation of the dictates of duty he would be responsible." It must be borne in mind that the whole of the instruction is based on the evidence before the court. The defendant had adduced evidence tending to show that for five weeks immediately preceding the act he had occasional fits of delirium, such as usually follow fevers; this was denied by the commonwealth; therefore, whether delirium had existed at all was a question for the jury. It is argued, that it was the duty of the court to explain to the jury the distinction between mania and such delirium; but this also was a fact to be ascertained by the jury from the evidence, so far as such distinction was material. The court heard the evidence of experts, listened to the citations from reputable medical authorities which undertook to point out the distinction, but even they did not fully agree; after all we doubt whether the court or any lawyer was more capable of defining the exact distinction then an intelligent layman. The court could have pointed out and defined when the use of the words "heirs of the body" are words of purchase and when they are words of limitation, but we doubt if twelve learned physicians who had given the subject no particular thought, would have clearly understood him. So we doubt if the learned court below in the conflict of evidence and technical medical authority could have clearly defined and explained the distinction between mania and delirium, so as to make that distinction clear to the jury. From his learned argument here and in his paper-book the distinction is probably clear to ap...

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