Claflin Co. v. Querns

Citations

• 15 Pa. Super. 464
• 1900 Pa. Super. LEXIS 382

Syllabus

<p>Practice, Superior Court — Defective assignment — Rule 17.</p> <p>An assignment alleging error in admitting a certain offer of evidence reciting the offer but failing to set out the evidence, offends against Rule 17.</p> <p>Province of court and jury — Question of fact — Refusal of binding instructions.</p> <p>Where the question is one of fact, and a verdict for defendant is warranted if the jury believed the testimony of the defendant and her witnesses, the trial judge correctly refused binding instructions for the plaintiff; he would have usurped the functions of the jury had he declared these witnesses unworthy of belief.</p> <p>Charge of court — Immaterial inaccuracy — Appeal.</p> <p>The appellate court will not reverse by reason of an alleged misleading charge where taken as whole the instructions were neither unfair nor misleading, and the inaccuracy referred to was not a misstatement on a pivotal fact, and ought to have been called to the attention of the court at the conclusion of the charge, if deemed material by counsel.</p>