Goldberg v. Kelly

Opinion by

Mr. Justice Patterson,

Morris Goldberg appeals from the refusal of a new trial in a trespass action instituted by him to recover for an injury to his left hand, allegedly sustained when it was struck by an automobile operated by Frank Kelly, appellee. Appellant’s statement of claim averred that the accident occurred as he was crossing Arch Street, Philadelphia, from south to north, “at or about its intersection at 7th Street,” but his testimony, as well as that of his two witnesses, shows that he met with his injury as he was crossing Arch Street at a point some hundred and…