Leopold v. Davies

PRICE, Judge,

dissenting:

I dissent because I believe that the majority does not successfully distinguish this case from the Pennsylvania Supreme Court case of Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974). I would hold that the appellant has waived his right to raise the issue on appeal because his objection to the jury charge was general in nature, and does not therefore satisfy the requirement of Dilliplaine that an objection be not only timely but specific.

I would affirm the judgment in favor of the appellee.