Torak v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 208, Oct. T., 1914, by defendant, from judgment pf C. P. May T., 1914, No. 146, on verdict for plaintiff in case of Alexander Torak v. Philadelphia & Reading Railway Company. Trespass for wrongful ejection from a train.
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Appeal, No. 208, Oct. T., 1914, by defendant, from judgment pf C. P. May T., 1914, No. 146, on verdict for plaintiff in case of Alexander Torak v. Philadelphia & Reading Railway Company. Trespass for wrongful ejection from a train. Before Mellon, J. “Previous to the jury being sworn, counsel for the defendant addressed the court as follows: “Mr. Mason: I object to the jury being sworn in the present case and the trial proceeded with for the reason that the case is not at issue as no plea has been filed; a plea of “Not Guilty” having been tendered to the clerk of the Municipal Court and the…
1Opinion of the Court
Opinion by
Rice, P. J.,
Since, this case was argued the legal question raised by the first assignment of error has been decided by the Supreme Court adversely to the appellant’s contention, in Philadelphia & Reading Ry. Co. v. Walton, 248 Pa. 381. Therefore, the assignment is overruled.
After the jury were sworn and counsel for plaintiff had opened on his behalf, counsel for defendant stated that he did not desire to make any remarks to. the. jury at that time. But after the plaintiff rested his case in chief, counsel for defendant asked permission to make his opening speech, which was refused.…
2Cases cited11 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Mastel v. WalkerSupreme Court of Pennsylvania · 1914
- Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900
- Foley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913
- Fleming v. DixonSupreme Court of Pennsylvania · 1899
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3Cited by1 opinion
- Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918