Sikorski v. Philadelphia & Reading Railway Co.

Citations

• 260 Pa. 243
• 103 A. 618
• 1918 Pa. LEXIS 500

Syllabus

<p>Practice, O. P. — Exceptions to charge — General exception — Leave of court — Failure to state reason — Act of May 11,1911, P. L. 879— Rules of court — Rule lift of Common Pleas Courts of Philadelphia County — Appeals—Practice, Supreme Court — ■Assignments of etror —Refusal of new trial — Basic errors — Request to file charge.</p> <p>1. While in the taking of a general exception to the charge to the jury under the Act of May 11, 1911, P. L. 279, relating to the taking of exceptions, the statute does not demand minute particularization,'it does require that reasons be given. The words of the statute plainly disclose a purpose, first, to grant a remedy, under which a trial judge cannot arbitrarily prevent the notation of a general exception; and, second, to guard against the abuse of +he remedy, thus afforded, by compelling counsel to state in a general way the grounds of their objections.</p> <p>2. Where at the conclusion of the charge to the jury counsel for defendant asked for a general exception to the charge, and declined to state his reasons, although requested so to do by the court, and the court thereupon refused the exceptions, the defendant can not, on appeal, bring before the Supreme Court portions of the charge alleged to be erroneous, but not specially excepted to.</p> <p>3. On a general exception, taken under and in accordance with the requirements of the Act of 1911, the appellant may assign all errors which, by liberal interpretation, .properly can be said either to fall within or be suggested by the reasons stated when taking the exception and, in addition, basic and fundamental errors of law.</p> <p>4. If, disregarding the Act of 1911, and following the common law practice, a general exception is asked of the trial judge, and, without requiring a statement of reasons, is really allowed by him, the appellant may assign all actual errors of law and any material matter that is so inadequately presented as to be calculated to mislead the jury, and may