Practice — New trial — Absence of transcript of charge — Inadvertent delivery of charge in absence of court stenographer — Refusal by counsel of offer of new trial before verdict.

In an action of assumpsit, in which it appeared that the trial judge delivered his charge to the jury in the absence of the court stenographer, unaware that the stenographer was not then present; that when informed of this fact by counsel, while the jury was out, the trial judge offered to discharge the jury and to grant a new trial, if counsel so wished; that counsel for both parties declined the offer of a new trial, saying that they were satisfied that the charge was fair and accurate, and their assent was noted of record; and that, after a verdict for plaintiff, new counsel for defendant filed a motion for a new trial based solely on the absence of a transcript of the charge, which motion was refused; it was Held, in the circumstances, that the judgment of the court below should be affirmed.