Lutz v. Webster Hall Hotel, Inc.

• Decision Date: 11 June 1957
• Citation: Lutz v. Webster Hall Hotel, Inc., 183 Pa.Super. 557, 132 A.2d 410 (Pa. Super. Ct. 1957)
• Parties: Rose Marie LUTZ and Loretta Lutz, Appellants, v. WEBSTER HALL HOTEL, Inc.
• Court: Pennsylvania Superior Court

132 A.2d 410

183 Pa.Super. 557

Rose Marie LUTZ and Loretta Lutz, Appellants, v. WEBSTER HALL HOTEL, Inc.

Superior Court of Pennsylvania

June 11, 1957

Argued April 12, 1957

Appeals, Nos. 115, 116, April T., 1957, from judgment of Court of Common Pleas of Allegheny County, Jan. T., 1952, No 2049, in case of Rose Marie Lutz v. Webster Hall Hotel, Inc. Judgment affirmed.

Trespass for property damage.Before ALPERN, J.

Verdict for defendant; plaintiffs' motion for new trial refused and judgment entered for defendant.Plaintiffs appealed.

Judgment of the court below is affirmed.

Thomas R. Eddy, with him Suto & Schuchert, for appellants.

Leonard M. S. Morris, with him Louis Caplan, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION

PER CURIAM

Plaintiffs who have appealed from the judgment of the Court of Common Pleas of Allegheny County, acted as their own counsel at the trial in the court below.They raise a single question on these appeals, to wit, whether they are entitled to a new trial "because the trial judge failed to instruct ... [them] in the basic essentials of trial procedure, including the calling and examination of witnesses."The question was admittedly not raised in the motion for new trial in the court below.SeeSherwood v. Elgart,383 Pa. 110, 115, 117 A.2d 899.We find no compelling reason why the matter should be reviewed on appeal.Cf.General Building Contractors' Association v. Local Union No. 542,370 Pa. 73, 79, 87 A.2d 250.The trial judge was not obliged to act as counsel for plaintiffs as they in effect contend.SeeLombardi v. Citizens National Trust & Savings Bank of Los Angeles,137 Cal.App.2d 206, 289 P.2d 823, 824.Nevertheless the trial judge took every...