Wood v. Smith

CERCONE, Judge:

This appeal arises from an Order of the Court of Common Pleas of Bucks County, sitting en banc, denying appellant’s (plaintiff below) motion for a new trial. The case arose from an unfortunate mishap wherein the plaintiff’s decedent fell off a scaffolding which had been erected outside of his house by the defendants with whom he had contracted to do masonry work on his home. The executor of the deceased’s estate (“appellant”) commenced actions in tres*550pass for wrongful death and survival against the defendants. The case was tried before a jury. The jury found the decedent to be…