Brown v. Central Pennsylvania Traction Co.

Citations

• 237 Pa. 324
• 85 A. 362
• 1912 Pa. LEXIS 939

Syllabus

<p>Appeals — Assignments of et ror — Record—Exceptions—Objectionable remarks by counsel.</p> <p>1. A judgment will not be reversed for the refusal of the court to withdraw a juror and continue the case becausé of alleged objectionable remarks of counsel where the assignment of error fails to show precisely what the remarks were, and there is nothing upon the record which shows that counsel made the assertion attributed to him, and where he denies having made any such statement.</p> <p>2. It is not sufficient, if counsel desires to insist upon the withdrawal of a juror, to simply note an objection. Counsel should direct the court’s attention particularly to the objectionable matter, insist upon his rights and, if refused, secure an exception.</p> <p>Negligence — Damages—Verdict—Improper remarks of counsel.</p> <p>3. In an action to recover damages for personal injuries, it is the jury’s duty to find the -facts, and, where the plaintiff is entitled to recover, to fix tbe amount of damages, but the verdict should be given by- way of compensation to the plaintiff and not punishment or warning to the defendant. To urge these latter considerations upon the attention of the jury merely serves to divert their minds from the proper lines of thought, and counsel indulges in such tactics at their peril.</p>