Glass v. Freeman

Supreme Court of Pennsylvania

Decided April 24, 1968

Supreme Court of Pennsylvania · decided 1968-04-24

Relies on Lobalzo v. Varoli · Lambert & Intreri, Inc. v. Holiday Motor Hotel, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1968-04-24

How this case has been cited

Cited by 101 later decisions — most recently August 2014 · most notably 336 Pa. Super. 22 - Dambacher by Dambacher v. Mallis (1985), Tonkovic v. State Farm Mutual Automobile Insurance (1987)

9 federal appellate · 85 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Concurring Opinion by

Mr. Justice Roberts:

¶2While I find myself in accord with the majority’s resolution of the substantive aspects of this litigation, I wish to reiterate my view that a general exception should not preserve on appeal alleged errors in a charge where, by timely special exception, counsel could have requested the court to correct this error below. See Lambert & Intreri, Inc. v. Holiday Motor Hotel, Inc., 428 Pa. 299, 301-02, 236 A. 2d 804, 805 (1968) (concurring opinion) ; Lobalzo v. Varoli, 422 Pa. 5, 7-10, 220 A. 2d 634, 636-37 (1966) (concurring opinion). It is only where the error below could not be corrected that I believe a general exception is sufficient; it is thus irrelevant to me whether the error below was “fundamental” for, the more fundamental the error, the more incumbent it is upon counsel to call this matter to the attention of the court below.