Rose v. Negro
Superior Court of Pennsylvania
Appeal, No. 385, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., Aug. T., 1915, No. 309, on verdict for plaintiff: in case of Mike Rose v. Jermone Negro. Trespass to recover damages for assault and battery. Before Gorman, J. At the trial there was evidence that Jermone Negro and his son, Mike Negro, committed a joint assault upon the plaintiff as the result of which plaintiff’s leg was broken.
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Appeal, No. 385, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., Aug. T., 1915, No. 309, on verdict for plaintiff: in case of Mike Rose v. Jermone Negro. Trespass to recover damages for assault and battery. Before Gorman, J. At the trial there was evidence that Jermone Negro and his son, Mike Negro, committed a joint assault upon the plaintiff as the result of which plaintiff’s leg was broken. Mike Negro was originally a party defendant, but his name was withdrawn before the trial. The court charged in part as follows: [Now, it is not denied that the assault…
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of trespass to recover damages for an alleged assault and battery. The action as originally brought charged a joint tort against Jermone Negro and Mike Negro-, his son, but the record was amended by striking out the name of Mike Negro as a defendant, and the trial proceeded against the present appellant alone. The plaintiff recovered a verdict and judgment in the court below and the defendant appeals.
One of the bones of plaintiff’s right leg was broken during the assault and the court below submitted to the jury the question whether that particular…
2Cases cited2 opinions
- Frantz v. LenhartSupreme Court of Pennsylvania · 1867
- Adams v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1911