Harrold v. McDonald
Supreme Court of Pennsylvania
Appeal, No. 161, Oct. T., 1899, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1898, No. 126, on verdict for plaintiff. Assumpsit on a parol contract.
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Appeal, No. 161, Oct. T., 1899, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1898, No. 126, on verdict for plaintiff. Assumpsit on a parol contract. Before Collier, J. At the trial it appeared that on July 8, 1896, the defendant entered into a written contract with the Butler & Pittsburg Railroad Company, whereby he was to construct, ready for the rails and rolling stock, its line of roadway from Butler, Pennsylvania, to the Allegheny river, near Tarentum, Pennsylvania, a distance of about thirty and one half miles. The work was to be commenced within five days and…
1Opinion of the Court
Per Curiam,
The disputed questions of fact which arose on the trial of this case were of such a character that the decision of them necessarily rested with the jury, and it would have been grave error to withdraw them with a binding instruction to find for the defendant. We think the facts were fairly submitted to the jury with a sufficient explanation to enable them to understand precisely the questions they were to dispose of. We see no error in the charge, and an examination of the testimony satisfies us that there was quite enough to sustain the verdict.
Judgment affirmed.
2Cited by2 opinions
- Irwin Glass Co. v. BuchananCourt of Appeals for the Third Circuit · 1923
- Friedman v. UfnerSuperior Court of Pennsylvania · 1929