Wolf v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Rule to show cause why damages provided for in the act of May 24, 1874, in causes sued out merely for the purposes of delay, should not be imposed on appellant in appeal, No. 327, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1895, No. 563, on verdict for plaintiff. The rule was granted upon the petition of Clinton O. Mayer, one of the attorneys for the plaintiff.
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Rule to show cause why damages provided for in the act of May 24, 1874, in causes sued out merely for the purposes of delay, should not be imposed on appellant in appeal, No. 327, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1895, No. 563, on verdict for plaintiff. The rule was granted upon the petition of Clinton O. Mayer, one of the attorneys for the plaintiff. The averments of the petition and the counter affidavit, with statements of counsel, are fully set forth in the dissenting opinion of Mr. Chief Justice Stebbett.
1Opinion of the Court
Opinion by
Mr. Justice Pell,
Unexplained, the facts stated in the affidavit on which the rule to show cause was granted would warrant an award of damages as provided by the act of May 25, 1874. As explained by the counter affidavit and the statement of counsel made at the argument of the rule, the facts furnish no ground for the conclusion that the appeal was taken merely for delay. At the trial the defendant’s liability was not denied, and the defense was confined to the question of the amount of damages sustained. The verdict was unusually large, and on the plaintiff’s own showing it might…
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