Readdy v. Bor. of Shamokin

Supreme Court of Pennsylvania
Readdy v. Bor. of Shamokin, 137 Pa. 92 (Pa. 1890)
20 A. 424; 1890 Pa. LEXIS 955
Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Readdy v. Bor. of Shamokin

Opinion of the Court

Per Curiam:

The first assignment does not conform to the Rules of Court and will not be discussed. The second alleges that the court erred in not “ affirming the defendant’s sixth point without qualification.” The point was affirmed with a reference to the general charge. We do not understand the general charge to have qualified the affirmance. While it referred to the testimony applicable to the point, it ended with the emphatic statement : “ No matter what the negligence of the borough was, the plaintiff cannot recover if her negligence contributed to the injury.” In the third assignment, complaint is made that the court did not direct a verdict for the defendant. This, under the evidence, could not have been done. It was a case for the jury, not for the court. No error is perceived in the portions of the charge contained in the fourth, fifth and sixth assignments. In the seventh assignment, it is alleged that the court erred in not restricting the verdict to $200 and interest, under the pleadings. The pleadings are not of much account after a trial below upon the merits. No such point was there made. If it had been, the pleadings could have been amended, if defective, so as to have met the difficulty. A technical objection here, that might and ought to have been taken in the *98court below upon the trial, is not entitled to much consideration. The jury having found damages in excess of -$200, we will not discuss, at this step of the proceeding, the question whether the narr limited the plaintiff to the former sum.

Judgment affirmed.

Reference

Full Case Name
JOHN READDY v. BOR. OF SHAMOKIN
Cited By
5 cases
Status
Published
Syllabus
1. A specification of error which alleges that the court erred in not affirming certain points presented for instruction, and which sets out the points but not the answers made thereto, is not in accordance with the Rules of the Supreme Court, and will not be considered on error. 2. Where a point is affirmed with a reference to what is said in the general charge upon the same subject, and the instruction in the general charge is not a qualification of the affirmance, it is not a reversible error that the point was not affirmed without the reference. 3. In an action against a borough to recover damages for injuries received in a fall from a defective pavement, the plaintiff testifying that she had no knowledge of the existence of the defect, and there being no direct evidence that she had, it was not error to submit the question of the plaintiff’s contributory negligence to the jury.* 4. After a trial of the action on the merits, without objection raised in the court below that the amount of the verdict exceeded the amount properly recoverable under the narr, the objection will not be considered on error: “ the pleadings are not of much account after a trial in the court below on the merits.”