Freer v. Parker

Opinion by

Mr. Justice Musmanno,

Leroy Parker, the defendant-appellant in this case, moved for a new trial in the court below on two grounds: (1) that the verdict was against the weight of the evidence; (2) that there was a variance between the allegata and probata. He has since dropped his claim that the verdict was against the weight of the evidence and argues for a new trial on the second ground alone.

The plaintiff, Harry B. Freer, averred in his complaint that, as a result of the automobile collision, for which the defendant was responsible, he sustained various hurts, injuries and…