Franchinia v. Palumbo
Superior Court of Pennsylvania
Appeals, Nos. 64 and 65, Oct. T., 1921, by defendant, from judgment of the Municipal Court of Philadelphia, Feb. T., 1919, Nos. 289 and 290, in favor of plaintiffs in cases tried by the court without a jury in suits of Antonio Franchinia and Dinoto D. Battiso v. Frank Palumbo. Assumpsit to recover the value of wearing apparel stolen from the plaintiffs while guests at a hotel. Before MacNeille, J., without a jury. The facts are stated in the opinion of the Superior Court.
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Appeals, Nos. 64 and 65, Oct. T., 1921, by defendant, from judgment of the Municipal Court of Philadelphia, Feb. T., 1919, Nos. 289 and 290, in favor of plaintiffs in cases tried by the court without a jury in suits of Antonio Franchinia and Dinoto D. Battiso v. Frank Palumbo. Assumpsit to recover the value of wearing apparel stolen from the plaintiffs while guests at a hotel. Before MacNeille, J., without a jury. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff, Antonio Franchinia, for $130.75, and for plaintiff Dinoto D. Battiso for $59.87, and judgment…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The plaintiffs brought separate actions of assumpsit against the defendant to recover the value of certain items of wearing apparel, left by them in their room at the Palumbo Hotel, Philadelphia, which was conducted by the defendant as an inn or hotel. The plaintiffs were regularly registered guests, and occupied the same room, and as the loss of their property occurred at the same time and under the same circumstances, both cases were tried together before a judge of the municipal court, each of the parties having waived a trial by jury.
In the Franchinia case, the…
2Cases cited2 opinions
- Shultz v. WallSupreme Court of Pennsylvania · 1890
- Turner v. WhitakerSuperior Court of Pennsylvania · 1898
3Cited by3 opinions
- Buck v. HANKINSuperior Court of Pennsylvania · 1970
- Kelly v. Milner Hotels, Inc.Superior Court of Pennsylvania · 1954
- Mathis v. Off, Pennsylvania Court of Common Pleas, Philadelphia County1926