Brown v. Sunbury & Selinsgrove Electric Street Railway Co.

Citations

• 43 Pa. Super. 61
• 1910 Pa. Super. LEXIS 12

Syllabus

<p>Practice, C. P. — Trial—Charge—Misstatement of evidence — Duty of counsel — Review—Appeals.</p> <p>1. Where a trial judge in the course of his charge makes a mistake in stating the evidence, it is the duty of counsel to call his attention to the mistake and give him an opportunity to correct it; but if counsel overlook the slip, or if noticing it, choose to remain silent, they cannot on appeal ask that the judgment be reversed because of the mistake.</p> <p>Practice, C. P. — Trial—Misconduct of counsel — Improper statements to jury — Withdrawal of juror.</p> <p>2. On the trial of an accident case against a street railway company the court should withdraw a juror and continue the case if requested to do so, where counsel for the plaintiff reflects on the employees of the defendant called as witnesses, as to their credibility on account of their employment, and further says, “I don’t care if they call the whole line of the employees of the defendant, and of course if they had, they would have all sworn to the same thing.”</p>