Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

THOMAS v. ABDO (03/24/52)

THE SUPREME COURT OF PENNSYLVANIA


March 24, 1952

THOMAS, APPELLANT,
v.
ABDO

Appeal, No. 36, Jan. T., 1951, from order of Court of Common Pleas of Lackawanna County, May T., 1949, No. 645, in case of Margaret Mary Thomas et vir. v. Nageeb J. Abdo et ux.Order affirmed.

COUNSEL

Edward M. Murphy and Murphy, Murphy & Swoyer, for appellants.

James W. Scanlon and David J. Conroy, for appellees.

Before Drew, C.j., Stern, Stearne, Bell, Chidsey and Musmanno, JJ.

[ 370 Pa. Page 145]

OPINION PER CURIAM

Margaret Mary Thomas was injured when she slipped on a banana peel on a sidewalk in front of defendants' property. The accident occurred on December 8, 1947, and on March 5, 1948, the middle finger of her left hand was amputated, allegedly as a result of the fall. The jury returned a verdict for defendants and plaintiffs have appealed from the order of the court below denying their motion for a new trial.

Three questions were raised in this appeal, two of which are concerned with the issue of damages. In view of the verdict that defendants were not negligent, these two questions are irrelevant and need not be considered here. Plaintiffs' last contention is that the

[ 370 Pa. Page 146]

    trial judge failed to define legal cause in his charge to the jury. This is refuted by an examination of the record. In at least three places in his charge, the trial judge correctly and properly discussed causation in terms that the jury could readily understand. Anything further that he might have said would not have assisted the jury in its determination of the case.

On the record in this case, the jury's verdict was justified. There being no error of law in the trial of the case, the motion for a new trial was properly denied.

Order affirmed.

Disposition

Order affirmed.

19520324

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.