Diehl v. Ellis

Citations

• 67 Pa. Super. 252
• 1917 Pa. Super. LEXIS 380

Syllabus

<p>Practice, O. P. — Trial — Mistake in charge —• Failure to call court’s attention to mistake.</p> <p>When a trial judge inadvertently confuses the testimony of a witness for the defendant with that of a witness for the plaintiff, hut counsel for the plaintiff does not call the judge’s attention to the mistake at the trial, and offers no sufficient excuse for failure to do so, a judgment on a verdict for defendant will not be reversed.</p>