Finfrock v. Northern Central Railway Co.

Citations

• 59 Pa. Super. 530
• 1915 Pa. Super. LEXIS 114

Syllabus

<p>Appeals — Assignments of error — Practice, Supreme Court.</p> <p>1. There is no rule of law which makes it imperative upon a party to move for a new trial in the court below because of erroneous instructions contained in the charge. If a defendant has excepted to the charge he cannot be deemed to have waived his right to object to such instructions upon appeal.</p> <p>2. Where a defendant withdraws a motion for a new trial and relies in the court below on his motion for judgment non obstante veredicto, the withdrawal of the motion for a new trial does not constitute a waiver of errors in the charge which are made the subject of assignments of error on a subsequent appeal.</p>