Gordon v. Philadelphia Rapid Transit Co.

Citations

• 264 Pa. 461
• 107 A. 811
• 1919 Pa. LEXIS 678

Syllabus

<p>Practice, Supreme Court — Assignments of error — Excerpt from charge — Elision.</p> <p>1. Where an assignment of error is to a portion of the charge, the excerpt assigned for error must present completely the phraseology used by the judge in expressing the full thought under immediate consideration, and the appellant is not permitted to elide essential words.</p> <p>Negligence — Street railways — Collision of car with wagon— Speed — Pleadings—Declaration.</p> <p>2. In an action to recover damages for personal injuries caused by a collision between defendant’s car, and a wagon which plaintiff was driving, where the defendant’s evidence was in effect that the plaintiff’s horse without warning suddenly “wheeled around” bringing the wagon directly in front of the moving car, and that the car stopped almost immediately after the impact, this latter fact not being denied by plaintiff, and undue speed not being alleged in his declaration or properly shown, the prior speed of the car, in determining the question of defendant’s alleged negligence, is of no importance.</p> <p>Negligence — Charge of court — Assignments of error — Damages— Charge as to damages — Harmless error.</p> <p>3. Where in an action to recover damages for personal injuries the jury returns a verdict for defendant on which judgment is entered, assignments of error to portions of the charge of the court relating to special item of damages, are unimportant, and will not be considered by the appellate court in dismissing the appeal by the plaintiff.</p> <p>Practice, Supreme Court — Assignments of error — General exception — Special exception — Bequest for instruction.</p> <p>4. An assignment of error to matter which is not of a character which can be taken advantage of on a mere general exception, will not be considered, where the record shows that no special exception to the instruction was requested or noted.</p> <p>5. Where an assignment of error complains because the trial judge said to the jury: “Pla