McNees v. Sims
Supreme Court of Pennsylvania
Appeal, No. 15, Jan. T., 1911, by defendants, from judgment of C. P. No. 5, Phila. Co., March T., 1908, No. 5,284, on verdict for plaintiff in case of Stanley MeNees, by his next friend and guardian, Carrie Hart, v. Charles A. Sims et al., trading as Charles A. Sims and Company. Trespass to recover damages for personal injuries. Before Ralston, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $8,000 and judgment thereon. Defendant appealed.
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Appeal, No. 15, Jan. T., 1911, by defendants, from judgment of C. P. No. 5, Phila. Co., March T., 1908, No. 5,284, on verdict for plaintiff in case of Stanley MeNees, by his next friend and guardian, Carrie Hart, v. Charles A. Sims et al., trading as Charles A. Sims and Company. Trespass to recover damages for personal injuries. Before Ralston, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $8,000 and judgment thereon. Defendant appealed. Errors assigned were (1-12) answers to points, and (13) refusal of judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The first, second, third, fifth and sixth assignments allege error in answer to points for charge. The points were all declined, when it is apparent they should have been affirmed. There is no contention that they did not contain a correct statement of the facts and the law, or that they should not have been affirmed. It may have been an oversight of the learned judge in the hurry of the trial, but the effect was to deny to the defendant what he was unquestionably entitled to have — a distinct and unqualified affirmance of each of the points.
The answer to the…
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