Keck v. Pittsburgh, Harmony, Butler & New Castle Railway Co.

Citations

• 271 Pa. 479
• 115 A. 824
• 1922 Pa. LEXIS 740

Syllabus

<p>Appeals — Assignments of error — Charge — Points — Bequest to transcribe and file of record.</p> <p>1. Error cannot be assigned to portions of a charge or to answers to points, unless there has been a request that the charge with the points and answers be transcribed and filed of record.</p> <p>Appeals — Assignments of error — Judgment n. o. v. — Bequest to transcribe — Act of April 22, 1905, P. L. 286.</p> <p>2. Under the Act of April 22, 1905, P. L. 286, error can be assigned to a refusal to enter a judgment non obstante veredicto, even though there was no request to transcribe and file the charge of record, and though no exception was taken to the reseryation or decimation of the point for binding instructions.</p> <p>Appeals — Assignments of error — Nonsuit—Befusal of nonsuit.</p> <p>3. A refusal to enter a compulsory nonsuit is not reviewable on appeal.</p> <p>Appeals — Statement of questions involved.</p> <p>4. Assignments of. error which are neither expressly covered by nor suggested in the statement of the questions involved, are not considered.</p> <p>Appeals — Binding instructions — Evidence and inferences.</p> <p>5. In determining whether or not binding instructions should have been given, all the evidence and inferences therefrom, favorable to appellee, must be taken as true, and all unfavorable to him, if depending solely on testimony, must be rejected.</p> <p>Negligence — Railways—Grossings—Disrepair.</p> <p>6. Recovery may be had against a railway company, if an accident happens at a public crossing solely by reason of the fact that, in violation of its duty, it allowed the crossing to fall into a state of disrepair.</p> <p>Negligence — Railways—Interurban—Stop, hole and listen.</p> <p>7. The driver of an automobile is not guilty of contributory negligence, as a matter of law, if he does not stop before crossing the tracks of an interurban railway; if he looks and listens and continues to do so before and during the crossing, the question is one fo