Peterson ex rel. Peterson v. Atlantic City Railroad
Supreme Court of Pennsylvania
Appeal, No. 98, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1894, No. 210, on verdict for plaintiff. Trespass for personal injuries.
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Appeal, No. 98, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1894, No. 210, on verdict for plaintiff. Trespass for personal injuries. Before Beddle, J. Errors assigned were, (1) trying tbe above case in tbe'absence of tbe counsel for defendant; (2) trying tbe case in tbe absence of defendant’s counsel after tbe court bad received both verbal and written notice of counsel’s engagement in tbe Supreme Court, and after tbe refusal of the Supreme Court to continue tbe argument; (8) continuing to try said ease after be bad received written notice of tbe order of…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
This action was for damages for personal injuries from neg*336ligence of defendant; it was tried in tbe court below on January 25, 1895, in tbe absence of defendant’s counsel, and a verdict for $6,000 given for plaintiff. Tbe absence of counsel, Gavin W. Hart, Esq., was owing to his presence in this court at the argument of a cause in which he was of counsel for.appellee, Sheehan v. Railroad, on Supreme Court calendar for same week and for argument same day. The court below was moved for a new trial on this ground, which was refused, and judgment entered on the verdict.…
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