Downs v. Scott

Opinion by

Flood, J.,

The defendant asks a new trial for three reasons: (1) the court below abused its discretion in refusing the defendant’s request to withdraw his waiver of jury trial, (2) the verdict was against the weight of the evidence, and (3) the damages awarded were excessive.

1. A waiver of jury trial was endorsed upon the plaintiff’s complaint. In such case, if the defendant desires a jury trial, Rule 1025* (b) of the Court of Common Pleas of Philadelphia County requires him to endorse a demand for a jury trial upon his answer or Ms praecipe for appearance. The defendant’s praecipe…