Yeager v. Winton Motor Carriage Co.
Superior Court of Pennsylvania
Appeal, No. 223, Oct. T., 1914, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1909, No. 5,65.2, on verdict for plaintiff in case of Andrew J. Yeager, etc., trading as Lewistown Garage, v. Winton Motor Carriage Company. Trespass for injuries'to an automobile received in a collision with defendant’s machine. Before Staples, P. J. At the trial the case turned on the measure of damages.
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Appeal, No. 223, Oct. T., 1914, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1909, No. 5,65.2, on verdict for plaintiff in case of Andrew J. Yeager, etc., trading as Lewistown Garage, v. Winton Motor Carriage Company. Trespass for injuries'to an automobile received in a collision with defendant’s machine. Before Staples, P. J. At the trial the case turned on the measure of damages. On this subject the court charged as follows: In addition to this you may consider the question of whether or not the market value of the Mitchell automobile owned by the plaintiffs was lessened…
1Opinion of the Court
Opinion by
Orlady, J.,
The question involved in this case was substantially disposed of in Price v. Newell, 53 Pa. Superior Ct. 628, and in following it, the same trial judge fairly and adequately submitted to the jury the disputed facts in regard to the depreciation in value of the plaintiffs’ automobile resulting from the defendant’s negligence in causing the collision. The verdict as rendered might well have stood, but the trial judge in the exercise of his discretion, directed that a new trial be granted unless the plaintiffs remitted all in excess of $500, which was done, and we are not…
2Cases cited1 opinion
- Price v. NewellSuperior Court of Pennsylvania · 1913
3Cited by4 opinions
- Holt v. PariserSuperior Court of Pennsylvania · 1947
- Bauer v. Armour & Co.Superior Court of Pennsylvania · 1924
- Arena v. MacMurray, Pennsylvania Court of Common Pleas, Dauphin County1953
- Geisweit v. Marden, Pennsylvania Court of Common Pleas, Lycoming County1954