280 Pa. 286 | Pa. | 1924
Opinion by
' Plaintiffs, mother and her minor son, brought suit to recover damages for personal injuries to the latter, caused in a collision between the bicycle he was riding and an automobile driven by defendant. The accident occurred at one o’clock in the morning at the corner of Broad and Federal streets in the City of Philadelphia. The trial judge submitted the case to the jury, who found a verdict in defendant’s favor, upon which judgment was entered; plaintiffs appeal.
The circumstances connected with the collision are not required to be outlined in passing upon the questions brought to our notice by appellants further than to state that it was undisputed there was no light on the boy’s bicycle and no bell.
The first error which plaintiffs maintain is that there was a prejudicial misquotation of the testimony in the charge to the jury, wherein it was said: “You must take into consideration likewise that the plaintiff is an interested party, as well as the defendant. You have heard his [the minor plaintiff’s] testimony in regard to his obtaining employment, that he could not obtain employment by reason of the fact that he had these spells and this pain which he says he suffered, and then on cross-
The cases cited to us as sustaining appellants’ contention that what was said by the judge involved a misquotation of testimony, such as Twinn v. Noble, 270 Pa.
The next error assigned is to the admission of public school records. This evidence was offered by defendant -to rebut plaintiff’s testimony as to when he left school and the manner in which he progressed in his studies. The records were produced by a professor in the high school, who was acting assistant to the principal and their custodian; they were kept under his supervision. The only objection made at trial was that they were not in the handwriting of the witness. No question as to their general admissibility was raised. A party complaining on appeal of the admission of evidence in the court below will be confined to the specific objection made to it: Roebling’s Sons Co. v. American Amusement & Construction Co., 231 Pa. 261; Benner v. Fire Assn. of Phila., 229 Pa. 75; Com. v. Loomis, 270 Pa. 254; Murray v. Frick, 277 Pa. 190; Moschzisker Trial by Jury, section 208. When a specific objection is made, those reasons to sustain it which are not stated, will not be considered on appeal: Brown v. Kittanning Clay Products Co., 259 Pa. 267. It is now argued by appellants’ counsel that the records, so far as the witness who produced them is concerned, are hearsay. The hearsay rule does not cover this evidence; they were public or official records required by law to be kept (Act of May 18, 1911, P. L. 309, sections 1425, 1426, 1427, 1428, 1429, 1613) and admissible as such upon identification and
The last matter brought to our attention is the refusal of the court to affirm two of plaintiffs’ points, the second and third submitted by them: (2) “If you find that plaintiff was, at the time of the accident, on the side of the street where he ought to have been, and it was the duty of the defendant to drive his automobile to the east side of Broad Street, then make his turn to the north, but instead made his turn to the left or west of Broad Street, and collided with plaintiff’s bicycle, then your verdict must be for the plaintiff.” (3) “If you find that
The assignments of error are all overruled and the judgment affirmed.