Mooney v. Kinder
Supreme Court of Pennsylvania
Appeal, No. 136, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., July T., 1919, No. 329, on verdict for plaintiff, in case of Clara H. Mooney v. Joseph Kinder. Trespass for personal injuries. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $5,125. Defendant appealed.
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Appeal, No. 136, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., July T., 1919, No. 329, on verdict for plaintiff, in case of Clara H. Mooney v. Joseph Kinder. Trespass for personal injuries. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $5,125. Defendant appealed. Errors assigned were (2) refusal of defendant’s motion for judgment n. o. v., quoting record, and (1, 3, 4) answers to points, quoting points and answers.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
In this case there was no request made by counsel at the conclusion of the charge to have it and the points made part of the record,- and, for that reason, the assignments specifying error in the charge and in the answers to points cannot be considered. This however makes no difference in the disposition of the case, for the reason that appellant’s real ground of complaint is that the court below refused to enter judgment for the defendant on the whole record; and it sufficiently appears that he fulfilled all requirements of practice, entitling him to raise the…
2Cases cited2 opinions
- Silberstein v. Showell, Fryer & Co.Supreme Court of Pennsylvania · 1920
- Keck v. Pittsburgh, Harmony, Butler & New Castle Railway Co.Supreme Court of Pennsylvania · 1922
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