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D'ALESSANDRO v. SEAGROVE ET AL. (01/09/70)

SUPREME COURT OF PENNSYLVANIA


decided: January 9, 1970.

D'ALESSANDRO
v.
SEAGROVE ET AL., APPELLANTS

Appeal from order of Court of Common Pleas No. 7 of Philadelphia County, June T., 1963, No. 4531, in case of John A. D'Alessandro v. Leslie Seagrove et al.

COUNSEL

William B. Freilich, with him James M. Marsh, and LaBrum and Doak, for appellants.

Joseph Lurie, with him Galfand, Berger, Senesky & Lurie, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Dissenting Opinion by Mr. Chief Justice Bell.

Author: Per Curiam

[ 436 Pa. Page 608]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Mr. Chief Justice Bell:

I dissent.

The jury found the only fair and just verdict possible in this case. Plaintiff so clearly assumed the risk that it is incomprehensible for me to understand how any Court could or would reverse the jury's verdict for the defendant and grant a new trial.

I would reverse the Order of the lower Court, because it committed a clear abuse of discretion, and I would remand to the lower Court for entry of judgment on the verdict.

19700109

© 1998 VersusLaw Inc.



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