SMITH v. ELLERMAN LINES

No. 12164.

247 F.2d 761 (1957)

David SMITH, Appellant, v. ELLERMAN LINES, Ltd.

United States Court of Appeals Third Circuit.

Decided August 19, 1957.

As Amended October 9, 1957.


Attorney(s) appearing for the Case

William M. Alper, Philadelphia, Pa. (Freedman, Landy and Lorry, Philadelphia, Pa., on the brief), for appellant.

Perry S. Bechtle, Philadelphia, Pa. (Thomas E. Comber, Jr., Philadelphia, Pa., Pepper, Bodine, Frick, Scheetz & Hamilton, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.


KALODNER, Circuit Judge.

Was "fundamental error", reversible per se, committed by the trial judge when, in the presence of both counsel and the jury, he answered the latter's written request for further instructions without reading it verbatim to counsel?

Has the plaintiff waived his right to consideration of this question by reason of his failure to object at the time and/or to assign it as a reason for a new trial...

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