Shipp v. Schmitt

Citations

• 71 Pa. Super. 496
• 1919 Pa. Super. LEXIS 143

Syllabus

<p>Practice, G. P. — Trials — Instructions to jury — Question not raised in pleadings.</p> <p>Where, in an action for the balance alleged to be due on the purchase-price of a patent, the issue 'between the parties is whether or not the patented article was manufactured and ready for sale, and the last payment was, therefore, due under the terms of the contract, it is error for the trial judge to submit to the jury the question as to whether or not the defendants had exercised due diligence in manufacturing the article, when such question was not raised in the pleadings.</p> <p>Practice, G. P. — Trials—Expression of opinion by trial judge.</p> <p>If is more than a mere expression of the opinion as to the weight and value of the evidence, and constitutes reversible error, for the trial judge to charge a jury that “in our opinion under the law and under the facts the plaintiff is entitled to a judgment, but I leave that matter entirely for your consideration. We are leaving the matter in your hands without express or binding instructions, because if we err we can control the matter afterwards.”</p>