Blank v. Barnhart

Citations

• 17 Pa. Super. 214
• 1901 Pa. Super. LEXIS 284

Syllabus

<p>Appeals — Charge of the court — Review.</p> <p>Where on review the complaint is that the charge was inadequate or one-sided, and particular error of law, or misstatement of the evidence, cannot be pointed out, the court will be reviewed on the general effect of the charge, and not upon sentences or paragraphs disconnected from the context which qualifies and explains them; if, as a whole, the charge was calculated to mislead, there is error in the record; if not there is none.</p> <p>The extent to which a trial judge ought to go in reviewing, analyzing and commenting on testimony depends very largely upon the circumstances of the case, and, to some extent, upon the line of argument pursued by counsel in addressing the jury. Generally it must be left to his sound discretion. It is only in exceptional cases, as for example, where it plainly appears that the charge is so inadequate in this regard as to be misleading, or where by indirection, it withdraws the attention of the jury from material issues or evidence, or from matters entering as necessary elements into the decision of the question at issue, or where its tendency as a whole is to unduly magnify the importance of the proofs introduced by one party and to belittle those introduced by the other party, that the court will be reversed upon a general complaint that the charge is inadequate and misleading.</p> <p>Trespass — Division line — Charge of court.</p> <p>In an action of trespass where the question in dispute is the true location of aline, the appellate court will not reverse a judgment, because the trial judge for purposes of convenience spoke of aline which was eighteen and three tenths rods long as an eighteen rod line, where the dispute as to the precise length of the line, and as to its terminal point was fairly presented to the jury, and left to their determination.</p> <p>Appeals — Assignments of error.</p> <p>The Superior Court will enforce the reasonable rule that assignments of error to the cha