Reznor Manufacturing Co. v. Bessemer & Lake Erie Railroad

Citations

• 233 Pa. 369
• 82 A. 473
• 1912 Pa. LEXIS 835

Syllabus

<p>Evidence — Striking out evidence — Harmless error.</p> <p>1. In an action against a carrier, where a witness for the defendant in reply to a question as to the weather testifies that “our record showed that it was clear,” and on cross-examination it appears that the witness had not made the record, the trial judge cannot be convicted of reversible error in refusing to strike out the testimony, where the plaintiff himself subsequently introduces the record in evidence in cross-examination of a witness for the defendant who had made the record.</p> <p>Trial — Charge of court — Mistake of judge — Correction of error — Duty of counsel.</p> <p>2. A party may not sit silent and take his chances of a verdict, and then if it is adverse, complain of a matter which, if an error, would have been immediately rectified and made harmless.</p>