Fisher v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 66, April T., 1907, by defendant, from judgment of C. P. Lawrence Co., March T., 1901, No. 3, on verdict for plaintiff in case of Alexander Fisher v. Pennsylvania Company. Appeal from judgment of an alderman. Before Porter, P. J. The opinion of the Superior Court states the case. Error assigned among others was refusal to withdraw a juror and continue the case.
1Opinion of the Court
Opionkxst by
Orlady, J.,
A remark made by the plaintiff’s counsel in his opening argument to the jury is made the basis of the first assignment of error. The counsel for the defendant promptly moved the court as follows: “ I now ask the court to withdraw this case from the jury and continue it at the expense of the plaintiff, on account of the statement of counsel in opening the case to the jury, that in the trial of the case before the alderman there was judgment for the plaintiff.” One of the plaintiff’s counsel stated: I will ask that part of my opening be not considered by the jury, ”…
2Cases cited15 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Wagner v. Hazle TownshipSupreme Court of Pennsylvania · 1906
- Walsh v. Wilkes-BarreSupreme Court of Pennsylvania · 1906
- Commonwealth v. MillerSupreme Court of Pennsylvania · 1891
- Dougherty v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. WilliamsSuperior Court of Pennsylvania · 1909
- Mattson v. BryanIdaho Supreme Court · 1968
- McKahan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Scranton Lackawanna Trust Co. v. BirbeckSupreme Court of Pennsylvania · 1939
- Commonwealth v. TrimarchiSuperior Court of Pennsylvania · 1938
1 more not listed; retrieve them via the Exa API.