Duffy v. Griffith

Opinion by

Rhodes, J.,

The atmosphere which pervaded the trial of this case was so prejudicial to the right of plaintiff to a fair and impartial trial as to require the granting of a new trial. The attitude of the trial judge calls for a new trial. See Commonwealth v. Myma, 278 Pa. 505, 123 A. 486; Sarshik v. Fink, 292 Pa. 256, 262, 141 A. 39.

Catherine B. Duffy, by her next friend and mother Catherine Duffy, and Catherine Duffy brought an action in trespass against Frank Griffith. J. H. Rosenberger was brought in as an additional defendant. The jury rendered a verdict in favor of Catherine B.…