Rosa v. West Penn Railways Co.

Opinion by

Cunningham, J.,

Plaintiff sought, in this action of trespass, to recover damages for the destruction of his automobile by a trolley car of the defendant company. The judge who heard the case without a jury entered judgment for plaintiff; defendant’s motions to open and for judgment in its favor upon the whole record were denied and this appeal followed.

In this review we have in mind that the findings of the judge who tried the case are entitled to the same weight as the verdict of a jury (McDonald Construction Co. v. Gill et al., 285 Pa. 305, 132 A. 368; Athens Nat. Bank v. Ridgebury…