Lavin v. Garrett

Citations

• 266 Pa. 323
• 109 A. 844
• 1920 Pa. LEXIS 562

Syllabus

<p>'Appeals — Practice, Supreme. Court — New trial — Discretion of court — Abuse—Remarles of counsel and court — Withdrawing juror — Charge—Failure to request instructions — Appeal.</p> <p>1. The Supreme Court will not reverse an order denying a new trial where it is not convinced that the court below abused its discretion.</p> <p>2. Where, on tbe trial of a negligence case, counsel for plaintiff asked defendant on cross-examination whether tbe purpose of a certain photograph offered in evidence was to try to make a defense if he could possibly get one in the case, and whether he was trying to make evidence for his ease, the appellate court will not reverse a judgment for plaintiff merely because the trial judge overruled defendant’s motion for the withdrawal of a juror asked for on the ground that the question suggested to the jury that the defense was being built up unfairly, and because the trial judge stated that that impression had not been made upon the mind of the court, and that defendant’s counsel had been the one who had constantly been protesting about his fairness, and because the trial judge failed to instruct the jury in a way that would overcome the effect of the questions and statements of plaintiff’s counsel, no request to so charge having been made.</p>