Duffy v. Bonnell

OPINION

By BENNETT, J.

A judgment for plaintiff-appellee in the Court of Common Pleas in this case was originally reversed by this court because of an error in the charge. It has since been shown that the transcript of the charge was erroneous and that the charge actually given did not contain that particular error shown in the original bill of exceptions. The bill of exceptions has been corrected in that respect and a rehearing was allowed.

On rehearing the first error relied upon by the appellant is the fact that the court charged the “assured clear distance” statute under the . circumstances…