Brinton v. Walker & Co.

Citations

• 15 Pa. Super. 449
• 1900 Pa. Super. LEXIS 376

Syllabus

<p>Charge of court — Reference to inconsistent evidence.</p> <p>The credibility of the plaintiff being very prominently in- the ease, it is entirely proper for the trial judge to call the attention of the jury to inconsistencies in his testimony.</p> <p>Practice, Superior Court — Assignments of error — Excerpts from charge.</p> <p>Excerpts from a charge are to be considered with the charge, and excerpts which ignore the parts of the charge immediately preceding and following them, are not reliable without inspection of the charge in its entirety. Flicker v. Bridge Co., 197 Pa. 443.</p> <p>In assigning error to the charge of the court it is contrary to good practice after quoting one sentence and part of the succeeding to skip to another, take an excerpt from that and pass on to dismember another. Such a course is both unsafe and unfair to the trial judge, and has received the frequent condemnation of the appellate courts.</p>