Coyne v. Lackawanna County

Citations

• 53 Pa. Super. 603
• 1913 Pa. Super. LEXIS 225

Syllabus

<p>Trial — Evidence—Oral evidence — Court and jury.</p> <p>1. Where a plaintiff’s case depends upon oral testimony, however clear and undisputable it may be, it must nevertheless be submitted to the jury.</p> <p>Appeals — Assignments of error — Charge.</p> <p>2. Assignments of error ^consisting of excerpts from the charge of the court will not be considered, where they are not based on exceptions to the charge, and where such excerpts are not bracketed and numbered in the printed charge.</p> <p>3. Error cannot be assigned to what was not said by the trial judge without a request so to charge.</p> <p>4. The Act of May 11, 1911, P. L. 279, does not relieve suitors from the necessity of excepting to the charge if' dissatisfied with it, in the presence or hearing of the trial judge.</p>