Allamong v. Falkenhof

LEVINE, J,

dissenting:

I am compelled to depart from the judgment of the .majority of this Court.

In the Common Pleas Court the motion of tjie defendant for judgment on the pleadings was granted by that- court by reason of prior adjudication of controlling facts in issue. Accordingly the plaintiff's petition was dismissed.

On February 16, 1928, plaintiff filed a petition wherein it was alleged that through the'carelessness and negligence of the defendant, the plaintiff sustained permanent injuries and he prayed for judgment in the sum of $25,000.00. The answer filed by the defendant by way of…