free error in Pennsylvania

2017See Heifetz, supra; Taras, supra. Appellee raised “immunity from suit” in preliminary objections, but Appellant did not object; so the court was free to rule on the issue.

2017See Fewell, supra; Preiser, supra. As a final word, review of Appellant’s complaint confirms the complaint did not meet the general pleading requirements, as it was both factually and legally insufficient.

2017Similarly, we have held that a jury charge that included a burden of proof statement was not erroneous and, even if it was, the “charge as a whole was free from error on the basic issue of just compensation and properly placed before the jury the question of damages caused by the taking.” Fink, 482 A.2d at 300-01 .

1993The Superior Court has rephrased the standard as follows: “A lower court may grant a new trial as to damages, only where the issue of liability is not intertwined with questions of damages and the issue of liability is either not contested or has been fairly determined so that no substantial complaint can be made with respect thereto.” Nardi v. Stayton, 270 Pa. Super. 267, 269 , 411 A.2d 520, 521 (1979). (citations omitted) Based upon this standard: “[I]t is proper for the court to limit a new trial to the issue of damages, if a new trial on liability would be a repetition of what had been fai

1978In Sternberg v. Dixon, 411 Pa. 543 , 192 A.2d 359 (1963), Justice O’Brien analyzed a similar case as follows: “The trial judge submitted the case to the jury which was correctly charged and particularly with respect to the duty and liability of operators of vehicles at intersections.

1978In Sternberg v. Dixon, 411 Pa. 543 , 192 A.2d 359 (1963), Justice O’Brien analyzed a similar case as follows: “The trial judge submitted the case to the jury which was correctly charged and particularly with respect to the duty and liability of operators of vehicles at intersections.

1967Thus, while Palko v. Connecticut, 302 U.S. 319 , 58 S. Ct. 149 (1937), held that a state statute which permitted the prosecution to appeal an adverse ruling during a criminal trial was not so violative of the concept of ordered liberty as to be a part of the Fourteenth Amendment’s due process clause, Mr. Justice Cardozo’s carefully worded opinion cannot be interpreted as permitting the states unlimited maneuverability: “What the answer would have to be if the state were permitted after a trial free from error to try the accused over again or to bring another case against him, we have no occasi

1967Thus, while Palko v. Connecticut, 302 U.S. 319 , 58 S. Ct. 149 (1937), held that a state statute which permitted the prosecution to appeal an adverse ruling during a criminal trial was not so violative of the concept of ordered liberty as to be a part of the Fourteenth Amendment’s due process clause, Mr. Justice Cardozo’s carefully worded opinion cannot be interpreted as permitting the states unlimited maneuverability: “What the answer would have to be if the state were permitted after a trial free from error to try the accused over again or to bring another case against him, we have no occasi

1958The Commonwealth cites the case of Koontz v. Commonwealth, 364 Pa. 145 , in assumed support of its argument, but that case is authority for the plaintiffs’ position.

1951In homicide cases, where a defendant’s life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant’s situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1951In homicide cases, where a defendant's life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant's situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1951In homicide cases, where a defendant’s life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant’s situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1951In homicide cases, where a defendant’s life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant’s situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1951In homicide cases, where a defendant’s life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant’s situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1951In homicide cases, where a defendant’s life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant’s situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1951In homicide cases, where a defendant’s life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant’s situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1951In homicide cases, where a defendant's life may be in jeopardy because of the failure of counsel to perform his duty, the court, impelled by the gravity of defendant's situation, will examine into the record and ascertain if the trial was free from error: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ; Commonwealth v. Stowers, 363 Pa. 435, 437 , 70 A. 2d 226 .

1889That main question was subsequently decided in the affirmative in Knight v. Railroad Co., 108 Pa. 250 , but the present question has remained open until now.