Floyd v. Lehigh Valley Railroad

Citations

• 60 Pa. Super. 1
• 1915 Pa. Super. LEXIS 137

Syllabus

<p>Practice, C. P. — Trial—Allegata and probata — Review.</p> <p>■ 1. Where the attention of the trial court is not called to an alleged variance between the allegata and the probata by a point specifically presented for that purpose, and no step is taken to enable the plaintiff to amend or correct his statement, or permit the court below to examine the alleged variance, the question cannot be raised in the appellate court.</p> <p>Negligence — Conflict of testimony — Numerical number of witnesses— Interest of plaintiff — Charge—Master and servant.</p> <p>2. In an action by an employee against his employer to recover damages for personal injuries, sustained at a machine, where the plaintiff testifies that he had received no instruction as to the manner of operating the machine, but his testimony is uncorroborated, and is contradicted by five witnesses, and it also appears from his own testimony that he did' have some knowledge of the use of the machine and its possible dangers, and that before going to work at it he had demanded and received an entirely new set of punches and dies for its equipment, it is reversible error for the trial judge to omit to point out with definiteness the interest of the plaintiff, and suggest to the jüry the reasonable probabilities that might flow from such interests. ■</p>