Welker v. Hazen

Citations

• 242 Pa. 603
• 89 A. 663
• 1914 Pa. LEXIS 701

Syllabus

<p>Practice, O. P. — Mistrial—Points for charge — Answers to points —Misleading remark'by trial judge.</p> <p>In an action of trespass to recover damages for the alienation of the affections of plaintiff’s wife, counsel for defendant requested the court to charge on certain points which were correct statements of the law. Just before passing upon, such points in his charge to the jury, the court remarked to counsel in the presence of the jury: “Gentlemen, I have changed my mind as to some of these points but am still somewhat in doubt.” Held, that judgment on a verdict for plaintiff must be reversed, as under such circumstances the jury may have understood the remark to have been addressed to them, and that they were left without binding instructions on the law raised by the points.</p>