Clapp v. Vellner
Supreme Court of Pennsylvania
Appeal, No. 105, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 1, Philadelphia Co., March T., 1918, No. 2659, on verdict for the defendant in the case of Harry P. Clapp v. Eugene Vellner. Trespass to recover damages for personal injuries. Before Shoemaker, J. The facts are stated in the opinion of the Supreme Court. The jury rendered a verdict for the defendant. The court overruled plaintiff’s motion for a new trial and judgment was entered on the verdict.
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Appeal, No. 105, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 1, Philadelphia Co., March T., 1918, No. 2659, on verdict for the defendant in the case of Harry P. Clapp v. Eugene Vellner. Trespass to recover damages for personal injuries. Before Shoemaker, J. The facts are stated in the opinion of the Supreme Court. The jury rendered a verdict for the defendant. The court overruled plaintiff’s motion for a new trial and judgment was entered on the verdict. Plaintiff appealed. Error assigned was portion of the charge of the court quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff alleged that, while he was riding his motorcycle on a public street, he was negligently run into by defendant, who was driving an automobile on a cross street, whereby plaintiff received personal injuries for which, with the damage to his motorcycle, he brought this suit. Defendant alleged that the only negligence was on the part of plaintiff, who in fact ran into defendant’s automobile. The case was tried, a verdict and judgment entered for defendant, and plaintiff now appeals.
It is claimed the trial judge erred in charging the jury as follows: “You…
2Cases cited4 opinions
- Ott v. Oyer'sSupreme Court of Pennsylvania · 1884
- Shaver v. McCarthySupreme Court of Pennsylvania · 1885
- Fullam v. RoseSupreme Court of Pennsylvania · 1894
- Repp v. ReynoldsSuperior Court of Pennsylvania · 1913
3Cited by3 opinions
- Weiss v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1924
- Mocan v. NejakSuperior Court of Pennsylvania · 1936
- Salvaggio v. Metropolitan Life Ins.Superior Court of Pennsylvania · 1923