Pittsburgh v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 160, Oct. T., 1911, by defendant from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 240, on verdict for plaintiff in case of City of Pittsburgh v. Pittsburgh Railways Company. Assumpsit to recover cost of cleaning city streets. Before Swearingen, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $226,000.00 and judgment thereon. Defendant appealed.
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Appeal, No. 160, Oct. T., 1911, by defendant from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 240, on verdict for plaintiff in case of City of Pittsburgh v. Pittsburgh Railways Company. Assumpsit to recover cost of cleaning city streets. Before Swearingen, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $226,000.00 and judgment thereon. Defendant appealed. Error assigned, among others, outlined in the opinion of the Supreme Court, was in refusing motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Me. Justice Mestrezat,
It would have been well if this case had been submitted to a referee. The voluminous record discloses the difficulty which a jury would have in dealing with the questions of fact submitted to them. For some reason, not apparent, it was thought best to try the case before a jury and let it consider the almost innumerable items contained in the plaintiff’s claim and which had to be dealt with as matters of fact. The case was one peculiarly for a referee, and we are satisfied that counsel for both parties must be of that opinion now, if not prior to the trial…
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