Gilmer v. P.T.C.

FORER, J.,

This action in trespass for injuries allegedly suffered when plaintiff was alighting from a SEPTA (formerly PTC) bus was tried without a jury on April 16, 1974. The court found for plaintiff in the sum of $28,198.88. Defendant’s motion for a new trial or, in the alternative, judgment n.o.v., raises two questions: (1) Was the denial of a jury trial for failure to comply with Pennsylvania Rule of Civil Procedure 1007.1(a) improper or violative of defendant’s rights, and (2) was the verdict against the weight of the evidence?

Rule 1007.1(a) provides as follows:

“In any action in which…