Haak v. Tobias

Citations

• 276 Pa. 576
• 120 A. 551
• 1923 Pa. LEXIS 635

Syllabus

<p>Appeals — Evidence—Assignments of error — Record—Admissions —Strilcing out evidence — Motion—Exceptions.</p> <p>1. An assignment of error based on an allegation of the admission of certain evidence, will not be considered where the record shows that no such evidence as suggested was admitted at the trial.</p> <p>2. Where defendant fails or refuses, while under cross-examination, to answer material questions, it is plaintiff’s duty to move to strike out the evidence of defendant on direct examination, and to protect himself in other appropriate ways, if he desires to raise the question on appeal; it is not the duty of the court to strike out the evidence, without request.</p>