Herrington v. Guernsey

Citations

• 177 Pa. 175
• 35 A. 603
• 1896 Pa. LEXIS 961

Syllabus

<p>Practice, C. P. — Charge of court — Inadequate and misleading charge.</p> <p>A charge is inadequate and misleading which calls the attention of the jury to the testimony of plaintiff’s principal witness in support of his claim without alluding to the contradictions in the witness’s testimony or to that portion of it in which he conceded that the agreement set up by the plaintiff was not in accordance with the custom of the trade.</p> <p>Practice, G. P. — Charge of court — Direction of jury to part of testimony —Reversible error.</p> <p>The Supreme Court will reverse a judgment on a verdict for plaintiff where the court called the attention of the jury to a part of the evidence affecting the agreement which formed the basis of the plaintiff’s claim without directing their attention to all the evidence and circumstances affecting it.</p>