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LEECH v. JONES (04/19/66)

SUPREME COURT OF PENNSYLVANIA


decided: April 19, 1966.

LEECH, APPELLANT,
v.
JONES

Appeal from judgment of Court of Common Pleas of Armstrong County, June T., 1964, No. 50, in case of Virginia Leech, administratrix of estate of William M. Leech v. William R. Jones.

COUNSEL

Edward J. Steiner, for appellant.

Robert E. Ashe, for appellee.

Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 421 Pa. Page 2]

In this trespass action, under our wrongful death and survival statutes, the jury rendered a general verdict for the defendant. At the trial plaintiff-appellant took no exceptions to the charge.

On such a record, in order to reverse the lower court's refusal to grant a new trial, because of a prejudicial charge, it is essential that there be basic and fundamental error. Enfield v. Stout, 400 Pa. 6, 161 A.2d 22 (1960). "Counsel may not remain silent, take no specific exception to the relevant portion of the charge which he thinks is prejudicial to his client, and later, after an adverse verdict, assign a particular portion of the charge as error.": Spitzer v. Philadelphia Transportation Company, 348 Pa. 548, 36 A.2d 503 (1944).

The record presents no such error, and we must sustain the action of the lower court.

Judgment affirmed.

Disposition

Judgment affirmed.

19660419

© 1998 VersusLaw Inc.



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