Weitz v. Banfield

Citations

• 226 Pa. 241
• 75 A. 357
• 1910 Pa. LEXIS 745

Syllabus

<p>Practice, C. P. — Charge—Trial.</p> <p>1. Where the trial judge fully and correctly sets forth in his charge the claims of each party, without particularly referring to the testimony, and tells the jury that they are to make up their verdict from the evidence as they remember it, the judgment will not be reversed because the judge did not particularly refer to certain admissions made by one of the parties, and this is particularly the case, where the judge was not asked at the trial to make comment upon them.</p> <p>Appeals — Assignment of error — Refusal of new trial.</p> <p>2. The refusal of a motion for a new trial is not a proper subject for an assignment of error.</p>