Creachen v. Bromley Bros. Carpet Co.

Citations

• 214 Pa. 15
• 63 A. 195
• 1906 Pa. LEXIS 586

Syllabus

<p>Appeals — Paper-books—Statement of question involved.</p> <p>A statement of the question involved which extends over more than a page, and is merely a repetition of the specifications of error, is a palpable violation of Rule 26.</p> <p>Appeals — Assignments of error — Evidence.</p> <p>An assignment of error which complains of the action of the court in sustaining an objection to a question, quoting the question, but nothing else, is insufficient.</p> <p>An assignment of error to the refusal of the trial court to admit a paper in evidence, is insufficient which quotes neither the record nor the paper.</p> <p>Evidence — Former trial — Examination of witness.</p> <p>At the third trial of the case the plaintiff was asked this question: “Do you not know that your testimony in these two trials was contradictory as to very many material facts?” The court sustained the plaintiff’s objection to the question. The record showed that the plaintiff was examined specifically and at length with regard to his testimony on two former trials, and that the testimony at the first trial was offered and admitted in evidence for the purpose of contradicting him. Held, that there was no error in sustaining the objection.</p> <p>Negligence — Machinery—Master and servará — Evidence.</p> <p>In an accident case where it appears that plaintiff was not injured while cleaning a machine, but in trying to remove choke, which he testified he had been directed to do, it is immaterial whether or not a sign had been displayed forbidding the cleaning of machinery while in motion.</p> <p>Appeals — Charge—Answer to point — Review.</p> <p>A judgment will not be reversed because a point presented by one of the parties was not answered if it appears that the question presented by the point was substantially answered in the general charge.</p> <p>Appeals — Second, appeal — Res adjudícala.</p> <p>On a second appeal matters passed upon at a prior appeal will not be reconsidered.</p>