Peoples v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 177, Oct. T., 1915, by plaintiff, from judgment of Municipal Court, Philadelphia Co., March T., 1915, No. 363, on case tried by the court without a jury in suit of David Peoples v. Philadelphia. Assumpsit for money alleged to be due under a municipal contract for grading. Before Cassidy, J. The case was tried by the court without a jury. Error assigned was in entering judgment for defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
This action of assumpsit was tried by the court without a jury. The plaintiff’s case depended on his own oral testimony, and at the conclusion of the trial, there being no requests for findings of fact or conclusions of law, the court made a general finding in favor of the defendant. Subsequently the court dismissed the plaintiff’s motion for judgment in his favor n. o. v. and for a new trial and entered judgment for the defendant on the general finding. The plaintiff appealed and assigned for error, (1) the dismissal of his motion for judgment n. o. v.; (2) not entering…
2Cases cited2 opinions
- Philadelphia & Gulf Steamship Co. v. ClarkSuperior Court of Pennsylvania · 1915
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3Cited by7 opinions
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- Robinson v. WallaceSuperior Court of Pennsylvania · 1916
- Kauffman v. ReeseSuperior Court of Pennsylvania · 1921
- Flannery v. O'HaraSuperior Court of Pennsylvania · 1916
- Galanti's PetitionDelaware County Court of Quarter Sessions · 1935
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