Beloud v. Sayre

Superior Court of Pennsylvania
Beloud v. Sayre, 56 Pa. Super. 215 (1914)
1914 Pa. Super. LEXIS 69
Head, Henderson, Morrison, Orlad, Orlady, Porter, Rice

Beloud v. Sayre

Opinion of the Court

Opinion by

Orlad y, J.,

The assignments of error challenge the disposition made of the points for charge which were presented by the defendant — all of which were refused without reading them to the jury. “It has been repeatedly held that a judge is not bound to adopt the language of the points, but may choose his own form of expression, and if he expresses the law fully and with substantial accuracy nothing further is necessary. The judge’s charge is not made to a technical and critical audience, scanning closely every phrase capable of a construction which would be error, but is addressed to a jury of plain men of various ages, education, intelligence, and experience, and is intended to inform them as to the law, and to guide them in its application to the facts as they may find them from the evidence. Having given them one plain, full and adequate statement of the law, it need not do more.” This is the language of our Supreme Court in Commonwealth v. Lewis, 222 Pa. 302. Every question raised by the appellant in this case, is adequately and convincingly answered in the opinion of the trial judge (Maxwell, J.), in refusing a new trial, and to enter a judgment non obstante veredicto.

The judgment is affirmed.

Reference

Cited By
4 cases
Status
Published
Syllabus
Practice, C. P. — Trial—Charge—Answers to points. 1. A judgment will not be reversed because the trial judge refused all of defendant’s points without reading them to the jury where it appears that all of the questions presented by the points were adequately covered by the charge. Negligence — Boroughs—Sidewalks—Defect in sidewalk — Independent contractor. 2. Where a contractor who worked on a building abutting on a sidewalk leaves the sidewalk in a defective condition, and the borough takes no steps to have the sidewalk repaired, and two months thereafter a pedestrian is injured by reason of the defect, the borough will be liable for the injuries sustained.