Columbia Glass Co. v. Atlantic Glass Co.

Citations

• 43 Pa. Super. 367
• 1910 Pa. Super. LEXIS 55

Syllabus

<p>Practice, C. P. — Trial—Charge—Mistake—Review—Appeals—Assignments of error.</p> <p>1. The appellate court will not reverse a judgment on account of alleged misstatements in several portions of the charge quoted in various assignments of error, where an inspection of the portions of the charge complained of show no substantial misstatement of fact, and there is nothing in the record to indicate that the attention of the trial judge had been called to any misstatements at the trial.</p> <p>Evidence — Custom of trade — Opinion of witness — Construction of writing.</p> <p>2. While a witness may be examined as to the existence of a trade custom with reference to which a written contract may have been made, although the contract is silent as to the custom, the witness cannot be permitted to construe and interpret the written contract according to his idea of what the trade would understand from his language. Such construction of a written agreement is primarily the function of the trial court, or, in certain cases, of the jury under the evidence with the aid of proper instruction from the court.</p> <p>Practice, C. P. — Verdict—Blank verdict — Reforming verdict.</p> <p>3. Where a jury seals a verdict and separates for the night, and when it is opened in the following morning in court is found to be “in favor of the plaintiff for--dollars,” the court may direct the jury to return to their room to fix the amount of the damages if they find for the plaintiff. A verdict in due form for a fixed sum subsequently brought in and properly recorded, is valid.</p> <p>4. The trial judge has full power to see that the verdict, as finally rendered, shall be in the form sanctioned by long custom, and, with the consent of the jury, he may so mold and shape it as to make it conform to these requirements.</p>