Lynch v. Winton Borough
Superior Court of Pennsylvania
Appeal, No. 35, March T., 1913, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1910, No. 760, on verdict for plaintiff in case of Annie Lynch, by her father and next friend, Joseph Lynch, and Joseph Lynch v. Winton Borough. Trespass to recover damages for personal injuries to a child.
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Appeal, No. 35, March T., 1913, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1910, No. 760, on verdict for plaintiff in case of Annie Lynch, by her father and next friend, Joseph Lynch, and Joseph Lynch v. Winton Borough. Trespass to recover damages for personal injuries to a child. Before Newcomb, J. At the trial the jury returned a verdict for plaintiff Annie Lynch, for $750, and for Joseph Lynch $1,469. On a rule for judgment n. o. v., and for a new trial, Newcomb, J., filed the following opinion: These rules may be considered together. There was a verdict for plaintiffs,…
1Opinion of the Court
Opinion by
Head, J.,
After a careful examination of the pleadings we are all *97of the opinion that they disclose no variance in matter of substance between the original statement of claim and the amended one, or between either and the facts established by proof on the trial. The evidence offered by the plaintiff to make out her case could not have been rejected by the learned court below on the ground that it tended to establish a different cause of action from the one averred. The learned judge below, in the opinion filed refusing to enter judgment for the defendant n. o. v. and discharging the…
2Cases cited4 opinions
- Weida v. Hanover TownshipSuperior Court of Pennsylvania · 1906
- O'Malley v. Borough of ParsonsSupreme Court of Pennsylvania · 1899
- Worrilow v. Upper Chichester TownshipSupreme Court of Pennsylvania · 1892
- Councilman v. BoroughSuperior Court of Pennsylvania · 1912
3Cited by1 opinion
- Frazier Et Ux. v. PittsburghSuperior Court of Pennsylvania · 1940