Opinion
April 10, 1974.
February 27, 1975.
Practice — Failure of appellant to take exception to charge of trial court — Issue not properly preserved for appeal — Basic and fundamental error — Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 (1974) held controlling.
1. Where an appellant did not take exception to the charge of the trial court, he waives any errors in the charge.
2. Basic and fundamental error has no place in our modern system of jurisprudence. Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 (1974).
Same case in 228 Pa. Super. 284 (1974).
Same case in ___ Pa. ___ (1974).
Argued April 10, 1974.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 118, April T., 1974, from order of Court of Common Pleas, Civil Division, of Allegheny County, July T., 1971, No. 52, in case of Richard Broxie v. Household Finance Company, a corporation. Order affirmed.
Trespass. Before WEKSELMAN, J.
Verdict for plaintiff and order entered dismissing defendant's motion for new trial and judgment non obstante veredicto. Defendant appealed to Superior Court which reversed order and granted new trial. Appeal to Supreme Court allowed and order of Superior Court reversed and case remanded to Superior Court.
Charles Weiss, with him Chester R. Babst, and Thorp, Reed Armstrong, and Edward J.I. Gannon, and Hazlett, Gannon Jacobs, for appellant.
David K. McMullin, for appellee.
This case was previously before us in Broxie v. Household Finance Company, 228 Pa. Super. 284, 323 A.2d 364 (1974). The Supreme Court by per curiam opinion filed December 30, 1974, reversed and remanded to us for consideration of the remaining issues.
The central issue in this case is the question of whether the tort of intentional interference with a contractual relationship requires proof of specific intent. Appellant concedes that it did not take exception to the charge of the trial court, but argues basic and fundamental error. Unfortunately the question, not having been properly preserved for appeal, cannot now be reached by this court. See Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974); Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974); Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972). Basic and fundamental error has no place in our modern system of jurisprudence. Dilliplaine v. Lehigh Valley Trust Co., supra.
All of the other issues raised on this appeal, by reason of this waiver of the central issue, also fail to contain merit.
The order of the lower court is affirmed.