Fitzpatrick v. Bates

Opinion by

Trexler, J.,

The .suit was brought to recover damages occasioned by defendant’s truck colliding with plaintiff’s automobile. The case was tried before the judge without a jury. On December 2nd, the judge- entered judgment for the defendant. On December 6th, there was a motion and reason for a new trial filed and also a motion for judgment n. o. v. On December 22nd, 1926, the court dismissed the rule for a new trial and entered judgment in favor of the plaintiff for $177.25.

The sole question, as .stated by appellant, is: - when counsel for the plaintiff has failed to file a written re…