231 Pa. 557 | Pa. | 1911
Opinion by
This is an action of trespass to recover damages for injuries to a building and its contents resulting from an excavation made by appellant on an adjoining lot. At the outset attention of counsel is called to the numerous, and, as we view it, unnecessary multiplication of specifications of error. There are thirty-five assignments which is perhaps six times as many as really necessary to raise all the legal questions involved here. The aim of our system of pleading and practice is to reduce all matters in controversy between contending parties to simple definite issues. When appeals are taken to this court the assignments should be confined to the substantial and material questions necessary to a proper determination of the issues in controversy, the fewer the better. Two assignments should never be made when one will cover the ground. It is scarcely possible to think of a case of this character in which it is necessary to assign thirty-five errors in order to bring to the attention of this court the real questions relied on by an appellant. The multiplication of assignments weakens rather than strengthens a case.
We do not agree that judgment non obstante veredicto upon the whole record should have been entered for defendant by the learned court below as is contended by appellant.
Judgment reversed and a venire facias de novo awarded.