Park v. Beaver Valley Traction Co.

Citations

• 262 Pa. 561
• 106 A. 106
• 1919 Pa. LEXIS 723

Syllabus

<p>Negligence — Street railways — Charge—Statement of claim — Probata and allegata.</p> <p>1. The defendant on appeal in a negligence case cannot complain that the trial judge failed to explain to the jury the relative weight of the testimony of interested and disinterested witnesses, and to caution them against an arbitrary disregard of the weight of the evidence, where the record discloses that there was no great preponderance of defendant’s proof over that of the plaintiff, although the number of defendant’s witnesses were greater; and especially is this the case where no request to so charge was made.</p> <p>2. In an action against a street railway company to recover damages for personal injuries sustained in a collision between plaintiff’s wagon and a car of defendant, where the statement alleges (1) excessive speed; (2) failure to give warning, and (3) failure to allow plaintiff time to remove his wagon from the track, and the trial judge withdraws the first two charges from the jury because of insufficient evidence, defendant cannot allege as error that the jury was permitted to decide the case on a charge of negligence not included in tbe statement, where the court on sufficient evidence submits the third charge to the jury.</p> <p>Practice, O. P. — Amendment—Exceptions.</p> <p>3. A defendant cannot complain of the refusal of a trial judge to allow an amendment of the record to show that exceptions were in fact taken and allowed at the close of the charge, although omitted in the stenographer’s transcripts, where the court orders the rule for amendment to be converted into a motion for leave to take exceptions, and grants the motion to file the same nunc pro tunc and make it part of the record.</p>