Leh v. Dutt
Superior Court of Pennsylvania
Appeal, No. 255, Oct. T., 1916, by defendant, from judgment of O. P. Northampton Co., Feb. T., 1916, No. 68, on verdict for plaintiff in case of Ella M. Leh, Administratrix of Milton H. Leh, deceased, v. William Dutt, trading as Dutt Brothers. Appeal from judgment of justice of the peace. Before Stewart, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $98.13. Defendant appealed.
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Appeal, No. 255, Oct. T., 1916, by defendant, from judgment of O. P. Northampton Co., Feb. T., 1916, No. 68, on verdict for plaintiff in case of Ella M. Leh, Administratrix of Milton H. Leh, deceased, v. William Dutt, trading as Dutt Brothers. Appeal from judgment of justice of the peace. Before Stewart, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $98.13. Defendant appealed. Errors assigned were (1-13) various excerpts from the charge quoting them; (16, 17) as follows: 16. The court below erred in sustaining an objection to the offer of…
1Opinion of the Court
Opinion by
Orlady, P. J.,
In Achenbach v. Stoddard, 253 Pa. 338, it is held: “It is familiar practice, recognized and enforced by this court that a party will not be heard to question the correctness of the submission of a case after the court has submitted it from the standpoint in which both parties to the issue manifestly tried it. This court reviews only questions considered and determined in the court below. We will not convict the trial court of error in not having ruled the case on a question which both parties concede was not in it”: Richardson v. Flower, 248 Pa. 35. “A litigant may not…
2Cases cited8 opinions
- Achenbach v. StoddardSupreme Court of Pennsylvania · 1916
- Reznor Manufacturing Co. v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1912
- Mease v. United Traction Co.Supreme Court of Pennsylvania · 1904
- Mapes v. Pittsburg Provision & Packing Co.Superior Court of Pennsylvania · 1906
- Richardson v. FlowerSupreme Court of Pennsylvania · 1915
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3Cited by2 opinions
- Zentmyer v. ZentmyerSuperior Court of Pennsylvania · 1918
- Stone v. StoneSupreme Court of Pennsylvania · 1923