Summary
finding "actual affirmative waiver" of jury-charge challenge when the trial court asked counsel "[i]s there anything else you want me to say" and counsel responded "I have nothing, sir"
Summary of this case from Jones v. OttOpinion
December 1, 1955.
January 12, 1956.
Appeals — Review — Refusing new trial — Automobile case.
In this action in trespass in which it appeared that plaintiff while walking across the highway was struck by automobile A which had been struck in the rear by automobile B, and the primary issue of fact was whether A was moving or had stopped and was pushed forward by B, and the jury returned a verdict only against the operator of B, it was Held, in the circumstances, that there was no error in refusing to grant a new trial.
Argued December 1, 1955. Before STERN, C. J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.
Appeals, Nos. 248 and 250, Jan. T., 1955, from judgments of Court of Common Pleas No. 1 of Philadelphia County, June T., 1953, No. 3217, in case of Mary Bodine v. Clarence Boyd et ux., et al. Judgments affirmed.
Same case in court below: 4 Pa. D. C.2d 456.
Trespass for personal injuries. Before MILNER, J.
Verdict for plaintiff in the sum of $10,000. and against defendant Peri Bekir; verdicts directed for other defendants; and judgments entered thereon. Defendant Peri Bekir appealed.
Robert C. Kitchen, with him Joseph X. Heincer, for appellant.
Max E. Cohen, for appellee. Samuel Polsky, with him Thomas Z. Minehart and Lewis P. Green, for appellee.
The judgments in the above captioned cases are affirmed on the opinion of Judge MILNER.