Kaufman v. National Lumber Insurance

Citations

• 231 Pa. 642
• 81 A. 53
• 1911 Pa. LEXIS 903

Syllabus

<p>Appeals — Assignments of error — Failure to answer point — Certificate of trial judge.</p> <p>1. Where an assignment of error complains that a point submitted was not answered, and the trial judge files a certificate that the point was actually affirmed by him, and this is not controverted by the appellant, the appellate court will not consider the assignment, if it finds that the point was substantially covered in the general charge.</p> <p>Evidence — Photograph—Inspection by jury — Locus in quo.</p> <p>2. The appellate court will not review the discretion of the trial judge in refusing to admit in evidence photographs of the locus in quo where the evidence was objected to on the ground that the pictures were taken without proper care by an inexperienced amateur photographer, and that, as the jury had personally visited the ground, the photographs were unnecessary for a proper understanding of the case.</p> <p>Appeals — Assignments of error — Evidence—Reference to page of paper-book.</p> <p>3. The appellate court will not consider an assignment of error relating to the admission or rejection of evidence, where the appellant has failed to give in the assignment a reference to the page of the paper-book where the matter may be found, in its regular order, as required by rule 31.</p>