Gordon v. Great Atlantic & Pacific Tea Co.
Supreme Court of Pennsylvania
Appeal, No. 170, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., June T., 1910, No. 249, on verdict for plaintiff in case of John J. Gordon v. The Great Atlantic & Pacific Tea Company. Trespass to recover damages for personal injuries. Before Reid, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,750 and judgment thereon. Defendant appealed.
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Appeal, No. 170, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., June T., 1910, No. 249, on verdict for plaintiff in case of John J. Gordon v. The Great Atlantic & Pacific Tea Company. Trespass to recover damages for personal injuries. Before Reid, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,750 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff was injured by the negligence of the defendant corporation; he sued and recovered a verdict, upon which judgment was entered. This appeal is by the defendant, which contends that a writing in the form of a release, put in evidence at the trial, constituted an absolute bar to the plaintiff’s claim, and that binding instructions should have been given in its favor. The issue as to whether or not the alleged release had been secured by fraud was submitted to the jury, and they found that it had; upon this subject the court below states: “The…
2Cases cited5 opinions
- Hayes v. RailroadSupreme Court of North Carolina · 1906
- Gibson v. Western New York & Pennsylvania R. R.Supreme Court of Pennsylvania · 1894
- Clayton v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1903
- Spritzer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
- Ettinger v. JonesSupreme Court of Pennsylvania · 1891
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- Hogarth v. William H. Grandy & Co.Supreme Court of Pennsylvania · 1917
- Letvin v. Phoenix InsuranceSuperior Court of Pennsylvania · 1926
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