Long v. Township of Milford

Citations

• 137 Pa. 122
• 20 A. 425
• 1890 Pa. LEXIS 960

Syllabus

<p>1. Specifications, alleging- error in the answers to points for instruction, ■which do not quote the points and answers, or, error in the admission or rejection of testimony, which do not give the testimony admitted or rejected under the offers made, are not in accordance with the Rules of the Supreme Court XXIII., XXIV.</p> <p>2. In an action against a township for negligence, it is not error to charge, upon submissible * evidence, that if the jury find that the plaintiff, driving a blind horse, negligently suffered his carriage to be drawn against a tree at the side of the roadway, causing the horse to plunge over the embankment, he cannot recover.</p> <p>3. And it is not error, in such case, to charge, that “if they were both guilty of negligence, the plaintiff could not recover. The law does not stop to measure the degree of negligence on the part of the plaintiff.” Not only is the instruction free from error, but it is strictly accurate,</p> <p>á. Where the trial judge, in instructing the jury, used facts assumed but not purporting to have been shown ip the testimony, merely by way of illustration as to legal negligence, such use was not error simply because the facts assumed conformed to a theory of the ease urged by the opposing party.</p>