Legal Opinion

Costello v. Long

Superior Court of Pennsylvania

Decided December 20, 1915No. Appeal, No. 51PublishedCited by 4 opinions

Appeal, No. 51, Oct. T., 1915, by defendant, from judgment of Municipal Court Philadelphia Co., Nov. T., 1914, No. 712, on verdict for plaintiff in case of Mary Costello v. George Long. Trespass to recover the value of a diamond. Before Bonniwell, J. At the trial it appeared that on September 16, 1914, the plaintiff took an unmounted diamond, as she claimed, to the defendant’s shop and left it with his clerk, Archibald Bryson, to have mounted in a ring.

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Appeal, No. 51, Oct. T., 1915, by defendant, from judgment of Municipal Court Philadelphia Co., Nov. T., 1914, No. 712, on verdict for plaintiff in case of Mary Costello v. George Long. Trespass to recover the value of a diamond. Before Bonniwell, J. At the trial it appeared that on September 16, 1914, the plaintiff took an unmounted diamond, as she claimed, to the defendant’s shop and left it with his clerk, Archibald Bryson, to have mounted in a ring. When the ring was returned to her, she claimed that a cheap white sapphire stone had been substituted in place of the diamond. The evidence…

1Opinion of the Court

Opinion by

Kephart, J.,

As we stated in Herring Brothers v. Weinroth, 61 Pa. 529, in an opinion recently handed down, “the disposition of questions of fact arising from testimony would have the same effect and should be treated in the same manner as though the evidence had been submitted to a jury at common law. This court will not disturb.the conclusions of the judge when based on proper evidence or inferences fairly deducible from such evidence.” While this is correct, where there is a motion for judgment non obstante veredicto denied by the lower court, we will examine the testimony to…

2Cases cited2 opinions

  1. Wertz v. MaySupreme Court of Pennsylvania · 1853
  2. Duke v. North Penn Gas Co.Supreme Court of Pennsylvania · 1908

3Cited by4 opinions

  1. Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
  2. McDonald Construction Co. v. GillSupreme Court of Pennsylvania · 1926
  3. Com. v. WoloszchukSuperior Court of Pennsylvania · 1938
  4. Philadelphia Inquirer Co. v. SabiaSuperior Court of Pennsylvania · 1926

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