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ERIE COACH COMPANY v. ERIE BUS COMPANY (04/19/60)

THE SUPREME COURT OF PENNSYLVANIA


April 19, 1960

ERIE COACH COMPANY
v.
ERIE BUS COMPANY, APPELLANT.

Appeal, No. 19, March T., 1960, from judgment of Court of Common Pleas of Erie County, Sept. T., 1957, No. 393, in case of Erie Coach Company v. Erie Bus Company. Judgment affirmed.

COUNSEL

Samuel M. Baker, with him English, Gilson, Baker and Bowler, for appellant.

Frank B. Quinn, with him Howard N. Plate, and Quinn, Leemhuis, Plate & Dwyer, for appellee.

Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.

[ 399 Pa. Page 76]

OPINION PER CURIAM.

This action in assumpsit was tried to the court sitting without a jury by agreement of the parties. The court made specific findings of fact and conclusions of law and found accordingly in favor of the plaintiff company in the sum of $28,266.84, with interest thereon from May 16, 1955. The defendant filed exceptions to the trial judge's findings and conclusions, which exceptions, after argument thereon before the court en banc, were dismissed and judgment was entered on the trial court's verdict for the plaintiff. The findings of the trial judge, having evidence to support them, and

[ 399 Pa. Page 77]

    having been confirmed by the court en banc, have the weight of a jury's verdict and support the judgment in favor of the plaintiff company.

Disposition

Judgment affirmed.

19600419

© 1998 VersusLaw Inc.



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