Legal Opinion

Leonard v. Coleman

Supreme Court of Pennsylvania

Decided February 6, 1922No. Appeal, No. 124PublishedCited by 20 opinions

Appeal, No. 124, Jan. T., 1922, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1920, No. 8267, on verdict for plaintiff, in ease of Mary Ann Leonard v. Charles Coleman. Trespass for death of plaintiff’s husband. Before Barratt, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $8,000. Defendant appealed. Error assigned, among others, was refusal of defendant’s motion for judgment n. o. v., quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Schaefer,

Defendant appeals from a judgment recovered in an action of trespass for damages for the death of plaintiff’s husband, who was struck and killed by appellant’s automobile. A release executed by plaintiff is set up as a bar to her recovery.

At the threshold of consideration of the main question, we are met by appellee’s contention, that the release was improperly received in evidence, and, hence, can play no part in the determination of the case. This position is based on the fact that defendant did not file an affidavit of defense, and, therefore, it is urged,…

2Cases cited3 opinions

  1. Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
  2. Ruth-Hastings Glass Tube Co. v. SlatterySupreme Court of Pennsylvania · 1920
  3. Wilson v. Adams Express Co.Superior Court of Pennsylvania · 1919

3Cited by20 opinions

  1. Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
  2. Conroy v. Commercial Cas. Ins. Co.Supreme Court of Pennsylvania · 1928
  3. Gerfin v. Colonial Smelting & Refining Co.Supreme Court of Pennsylvania · 1953
  4. Stafford v. Reed, Admr.Supreme Court of Pennsylvania · 1949
  5. Miller's EstateSupreme Court of Pennsylvania · 1924

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