Maculuso v. Humboldt Fire Insurance

Citations

• 271 Pa. 489
• 115 A. 828
• 1922 Pa. LEXIS 742

Syllabus

<p>Appeals — Assignments of error — Charger—Points — Bequest to place on record — Exceptions—Additional instructions — Failure to ask — Buie for new trial — Seasons for new trial.</p> <p>1. Where a defendant at a trial takes no exception to the charge, asks for no additional instructions, although given an opportunity to do so, and fails to- request that the charge and points . be brought upon the record, he cannot nullify the legal results of such omissions by attempting to raise in the appellate court several -questions presented to the court below, on a motion for a new. trial, and by assigning the refusal of -that motion for error.</p> <p>Insurance — Fire insurance — Proofs of loss — Evidence — Explanation of wrong statement in proof of loss.</p> <p>2. In an action on a policy of fire insurance, the plaintiff may be permitted to explain away a statement, in its proof of loss, to the effect that the insured premises were unoccupied at the date of the fire and had been so for a period of time, which statement, if correct, would have defeated the right to recovery.</p>