Molloy v. United States Express Co.
Superior Court of Pennsylvania
Appeal, No. 44, Oct. T., 1902, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1899, No. 166, on verdict for plaintiff in case of Alice Molloy v. United States Express Company. Trespass to recover damages for personal injuries. Before PeNHYPACKER, P. J. From the record it appeared that there had been a former trial of the cause resulting in a nonsuit. The nonsuit was subsequently taken off.
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Appeal, No. 44, Oct. T., 1902, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1899, No. 166, on verdict for plaintiff in case of Alice Molloy v. United States Express Company. Trespass to recover damages for personal injuries. Before PeNHYPACKER, P. J. From the record it appeared that there had been a former trial of the cause resulting in a nonsuit. The nonsuit was subsequently taken off. At the second trial Mr. Simkins, attorney for plaintiff, made the following offer: I have the doctor’s certificate here, showing that Mrs. Molloy is in the hospital. Here is a letter from…
1Opinion of the Court
Opinion by
Oklady, J.,
When.this case was on its second trial in the court below, the absence of the plaintiff was accounted for by a physician’s certificate as follows: “ To whom it may concern: Alice Malloy, age 73, by reason of physical infirmities and an acute attack of illness which confines her to her bed, is unable at this time to leave the hospital,” and it was admitted by counsel for the defendant that the facts stated in the physician’s certificate were true. Then plaintiff’s counsel proposed to read the testimony of Alice Malloy, taken on a former trial in this same cause, and the…
2Cases cited8 opinions
- Rothrock v. GallaherSupreme Court of Pennsylvania · 1879
- Emig v. DiehlSupreme Court of Pennsylvania · 1873
- Knights of Pythias Benevolent Ass'n of Coal Centre v. LeadbeterSuperior Court of Pennsylvania · 1896
- Perrin v. WellsSupreme Court of Pennsylvania · 1893
- Smith v. HineSupreme Court of Pennsylvania · 1897
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3Cited by4 opinions
- Nestor v. GeorgeSupreme Court of Pennsylvania · 1946
- Commonwealth v. GravesSupreme Court of Pennsylvania · 1979
- Almar Building & Loan Ass'n v. Broad Street Trust Co.Superior Court of Pennsylvania · 1934
- Commonwealth v. GravesSupreme Court of Pennsylvania · 1979