FLYNN v. McCORRISTON


210 Pa.Super. 344 (1967)

Flynn, Appellant, v. McCorriston.

Superior Court of Pennsylvania.

September 14, 1967.


Attorney(s) appearing for the Case

Herbert Braker, for appellant.

Anthony J. Damiano, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.


OPINION BY ERVIN, P.J., September 14, 1967:

The only question raised in this appeal is the right of a litigant to take exceptions to the charge of the trial judge out of the jury's hearing.

Pa. R.C.P. No. 227(b) is as follows: "Unless specially allowed by the court, all exceptions to the charge to the jury shall be taken before the jury retires. On request of any party all such exceptions and arguments thereon shall be made out of hearing of the jury."

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