Meckes v. Pocono Mountain Water Supply Co.

Citations

• 203 Pa. 13
• 52 A. 16
• 1902 Pa. LEXIS 641

Syllabus

<p>Practice, O. P. — Trial—Absence of defendant.</p> <p>Where a ease is regularly on the trial list and the rules of court have been complied with, the plaintiff is within his rights in demanding trial notwithstanding the absence of the defendant and the defendant’s counsel, and the court is right in proceeding. It is not necessary for the court in its charge to refer to defendant’s absence, but it is not error to do so as a matter of explanation for the satisfaction of the jury.</p> <p>Practice, O. P. — Neto trial — Seduction of verdict.</p> <p>The action of the court in putting the plaintiff to the choice between a new trial and a reduction of the verdict cannot be assigned as error by the defendant, inasmuch as it does him no harm; nor is such action an arbitrary or improper use of discretion.</p>