Opinion
March 22, 1961.
May 2, 1961.
Appeals — Scope of review — Question not raised below.
1. A reason for a new trial not assigned as error in the court below may not be raised and will not be considered for the first time on appeal. [437]
2. It was Held that the court below had not abused its discretion in denying a new trial. [437]
Mr. Justice MUSMANNO dissented.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeals, Nos. 2 and 3, March T., 1961, from judgment of Court of Common Pleas of Allegheny County, July T., 1956, No. 544, in case of Thelma M. Mantz et al. v. Robert E. Rufft. Judgment affirmed.
Trespass for personal injuries and property damage.
Verdict entered for defendant, plaintiffs' motions for new trial denied and judgment entered, opinion by NIXON, J. Plaintiffs appealed.
George S. Goldstein, for appellants.
David J. Armstrong, with him Dickie, McCamey, Chilcote and Robinson, for appellee.
The judgment is affirmed on the opinion of Judge NIXON, of the court below.
The points presented by appellants have no merit. One was raised here that was not raised before the court below. It concerned the appeal of the husband plaintiff, the point of it being that he got no compensation for the damage to his car. The wife was driving it for her own purposes and was injured, but the jury found for the defendant, saying in a special finding that both drivers were negligent. Since the point about the rights of the husband was not raised on motion for a new trial below, we will not consider it here: Enfield v. Stout, 400 Pa. 6 (1960), 161 A.2d 22.
Mr. Justice MUSMANNO dissents.