October 1, 1930.
November 24, 1930.
Appeals — Matters not referred to at the trial — No request for further instructions.
1. A judgment on a verdict for plaintiffs in a negligence case will not be reversed because of matters of which complaint is made on the appeal, where counsel for appellant said nothing about such matters at the trial, although the trial judge particularly asked if counsel desired him to give further instructions to the jury.
2. Such action is especially proper where the verdict was in all respects amply sustained by the evidence.
Argued October 1, 1930.
Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Appeal, No. 59, March T., 1930, by defendant, from judgment of C. P. Jefferson Co., Aug. T., 1929, No. 247, on verdict for plaintiff, in case of John Raymer v. George Pierce, doing business as Pierce Transfer. Affirmed.
Trespass for personal injuries. Before HARVEY, P. J., specially presiding.
The opinion of the Supreme Court states the facts.
Verdict and judgment for plaintiff. Defendant appealed.
Errors assigned were portions of charge, quoting them.
H. E. McCamey, of Dickie, Kier McCamey, with him Watson Freeman and Ira D. Shaw, for appellant.
Charles J. Margiotti, with him W. M. Gillespie, S.C. Pugliese and Edward Friedman, for appellee.
In this suit to recover for personal injuries, judgment was entered on a verdict for plaintiffs; defendant has appealed, complaining of several alleged errors in the charge. At the close of the charge the trial judge particularly asked if counsel desired him to give any further instructions to the jury, and, while counsel for the present appellant then called the attention of the court to parts of the charge which he desired amended, he said nothing about the matters concerning which he now complains. Under the circumstances, and since the verdict in all respects is amply sustained by the evidence, we shall not disturb the judgment entered thereon.
The judgment is affirmed.