Keiser v. Eberly
Keiser v. Eberly
Opinion of the Court
If there is any error in this record calling for a reversal of the judgment in favor of the plaintiff below, it has not been brought to our notice by any one of the five assignments. From Bavington v. Pittsburg and Steubenville Railroad Co., 34 Pa. 358, to Wallace v. Jameson et al., 179 Pa. 98, we have uniformly ruled that a refusal to enter a compulsory nonsuit is not assignable for error, and the reason for this is found in Borough of Easton v. Neff, 102 Pa. 474. The first assignment is, therefore, dismissed. The next two complain of the court’s refusal to affirm defendant’s fourth point, asking for binding instructions in her favor. No exception was taken to the refusal of this point, and the second and third assignments
Judgment affirmed.
Reference
- Status
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- Syllabus
- Appeals — Assignments of error — Exceptions. 1. A refusal to enter a compulsory nonsuit is not assignable for error. 2. An assignment of error to the refusal of a point will be dismissed where it appears that no exception was taken to the refusal. 3. An assignment of error raising more than one distinct question will not be considered. 4. If the refusal of the court to enter judgment for the defendant non obstante veredicto is to be assigned for error there must have been an exception taken to the court’s action in refusing judgment.