Joyce v. Smith
Supreme Court of Pennsylvania
Appeal, No. 130, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1918, No. 4045, on verdict for plaintiff in case of Thomas Joyce v. Ernest B. Smith. Trespass for personal injuries. Before Patterson, J. The opinion of the Supreme Court states the facts. - Verdict for plaintiff for $7,750, on which judgment was entered for $5,000, all above that amount having been remitted. Defendant appealed.
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Appeal, No. 130, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1918, No. 4045, on verdict for plaintiff in case of Thomas Joyce v. Ernest B. Smith. Trespass for personal injuries. Before Patterson, J. The opinion of the Supreme Court states the facts. - Verdict for plaintiff for $7,750, on which judgment was entered for $5,000, all above that amount having been remitted. Defendant appealed. Errors assigned were, (1) refusal of binding instructions for defendant, and (2) refusal to withdraw a juror, quoting the record.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
While crossing the street in front of a trolley car from which he had just alighted, plaintiff was struck by de*441fendant’s automobile, receiving injuries from which he now sues to recover compensation. The questions of defendant’s negligence and plaintiff’s contributory negligence were left to the jury and.a verdict rendered for plaintiff. Defendant appealed.
Two questions are involved in the case. First, refusal of the trial judge to give binding instructions for defendant on the ground of plaintiff’s negligence; second, refusal to withdraw a juror and continue the…
2Cases cited3 opinions
- Saxton v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
- Wagner v. Hazle TownshipSupreme Court of Pennsylvania · 1906
- Quinn v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909
3Cited by15 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Norwilton Murray v. Fairbanks Morse, Beloit Power Systems, Inc., in No. 78-2224. Cross Appeal of Norwilton Murray, in No. 78-2225Court of Appeals for the Third Circuit · 1979
- Celia Gumbs and James Gumbs v. Pueblo International, Inc. D/B/A Pueblo Supermarkets. Appeal of Pueblo International, IncCourt of Appeals for the Third Circuit · 1987
- Girard Trust Corn Exchange Bank v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1963
- Bullock v. Chester & Darby Telford Road Co.Supreme Court of Pennsylvania · 1921
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