Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

JAMES DICKSON v. RONALD WAGNER (07/08/83)

filed: July 8, 1983.

JAMES DICKSON, APPELLANT,
v.
RONALD WAGNER



No. 294 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas of Bucks County, Civil at No. 74-1530-11-2.

COUNSEL

Allen L. Feingold, Philadelphia, for appellant.

Glenn David Hains, Morrisville, for appellee.

Spaeth, Wieand and Hoffman, JJ.

Author: Spaeth

[ 316 Pa. Super. Page 94]

This is an appeal from a judgment in a trespass action. Appellant, who was plaintiff below, argues, among other issues, that the trial judge's charge to the jury was confusing. We agree and reverse.*fn1

In beginning his charge, the trial judge said:

In this case the Defendant admitted his negligence and has admitted that that negligence was the cause of this accident. And, therefore, the liability for the accident is admitted by the Defendant. As it appears to the Court, the issue is whether the Defendant's negligence as admitted, and as admitted having caused the accident, was a substantial factor in bringing about the injuries complained of by the Plaintiff. That seems to the Court to be the issue you have to deal with, and then whether and to what extent and amount the Plaintiff is entitled to damages from the Defendant on account of the injuries received.

N.T. 1012.

[ 316 Pa. Super. Page 95]

Later the judge said:

If you find that the Defendant is liable to the Plaintiff, you must then find an amount of money damages which you believe will fairly and adequately compensate the Plaintiff for all the physical and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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