Summary
In National Corporation v. Brown, 186 Pa. Super. 46, 140 A.2d 469 (1958), the right to a new trial where transcript of the charge was missing was recognized by implication.
Summary of this case from Bonds v. Ohio River Co.Opinion
March 21, 1958.
April 16, 1958.
Practice — New trial — Absence of transcript of charge — Inadvertent delivery of charge in absence of court stenographer — Refusal by counsel of offer of new trial before verdict.
In an action of assumpsit, in which it appeared that the trial judge delivered his charge to the jury in the absence of the court stenographer, unaware that the stenographer was not then present; that when informed of this fact by counsel, while the jury was out, the trial judge offered to discharge the jury and to grant a new trial, if counsel so wished; that counsel for both parties declined the offer of a new trial, saying that they were satisfied that the charge was fair and accurate, and their assent was noted of record; and that, after a verdict for plaintiff, new counsel for defendant filed a motion for a new trial based solely on the absence of a transcript of the charge, which motion was refused; it was Held, in the circumstances, that the judgment of the court below should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 127, Oct. T., 1958, from judgment of Court of Common Pleas No. 3 of Philadelphia County, June T., 1953, No. 3168, in case of The National Corporation v. Harry H. Brown, individually and trading as Amusement Sales Company. Judgment affirmed.
Same case in court below: 12 Pa. D. C.2d 45.
Assumpsit and counterclaim by defendant. Before BOK, J.
Verdict for plaintiff and judgment entered thereon. Defendant appealed.
Herbert S. Levin, for appellant.
Bertram Bennett, and Jenkins, Bennett Jenkins, for appellee.
Submitted March 21, 1958.
The judgment of the court below is affirmed on the opinion of President Judge BOK of the Court of Common Pleas No. 6, Philadelphia County, as reported in 12 Pa. D. C.2d 45.