Legal Opinion

Curry v. Luzerne Borough

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeal, No. 11PublishedCited by 2 opinions

Appeal, No. 11, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, .No. 814, on verdict for plaintiff in case of John J. Curry v. Luzerne Borough. Trespass for personal injuries. Before Halsey, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $2,441.65, upon which judgment was entered for $1,500. Defendant appealed. Errors assigned were various rulings on evidence and instructions.

1Opinion of the Court

Opinion by

Morrison, J.,

This action of trespass was begun in August, 1894, but it -was not tried until May, 1902, and resulted in a verdict in favor of the plaintiff for $2,441.65. This amount was reduced on suggestion of the court, by the plaintiff to $1,500, and thereupon judgment was entered on the verdict. The record shows a declaration filed on January 1, 1902, and another declaration filed on February 3, 1902. These declarations are substantially alike and it does not appear why the second one was filed. But inasmuch as they are alike, we do not see that the number of them is of any…

2Cases cited4 opinions

  1. Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
  2. Township of Jackson v. WagnerSupreme Court of Pennsylvania · 1889
  3. Boone v. Township of East NorwegianSupreme Court of Pennsylvania · 1899
  4. Haines v. Barclay TownshipSupreme Court of Pennsylvania · 1897

3Cited by2 opinions

  1. Wensel v. North Versailles TownshipSuperior Court of Pennsylvania · 1939
  2. Russell v. Westmoreland CountySuperior Court of Pennsylvania · 1904

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