Walsh v. West Pittston Borough

Supreme Court of Pennsylvania July 17, 1918

Walsh v. West Pittston Borough, 262 Pa. 210 (Pa. 1918)

105 A. 82; 1918 Pa. LEXIS 622

Brown, Frazer, Moschzisker, Walling

Opinion of the Court

Per Curiam,

The sole complaint of the appellant is of the reference by the trial judge in his charge to the jury to the ulti*211mate liability of the owner of the lot abutting on the alleged defective sidewalk. This reference was uncalled for and may be regarded as out of place: Fleming v. Wilmerding Boro., 223 Pa. 295; but we cannot say it was reversible error in view of the general charge, of which no complaint is made, and of the instruction in that portion of it, which is the subject of the second assignment, that the liability of the property owner was not involved in the case. The judgment is, therefore, affirmed.

Reference

Status: Published
Syllabus: Negligence — Defective sidewalks — Erroneous instruction — Harmless error. In an action against a municipality for injuries sustained by plaintiff in consequence of defects in a sidewalk, the fact that the trial judge in charging the jury referred to the ultimate liability of the property owner for the injuries complained of was not reversible error, where no complaint was made of the general charge and the court instructed the jury that the liability of the property owner was not involved in the case.