CARROLL v. PITTSBURGH


368 Pa. 436 (1951)

Carroll v. Pittsburgh, Appellant.

Supreme Court of Pennsylvania.

November 15, 1951.


Attorney(s) appearing for the Case

Con F. McGregor, for Pittsburgh Railways Company, appellant.

Thomas E. Barton, Assistant City Solicitor, with him Anne X. Alpern, City Solicitor, for City of Pittsburgh, appellant.

James T. Philpott, with him Harry A. Estep, for appellees.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.


OPINION BY MR. JUSTICE HORACE STERN, November 15, 1951:

The jury in this trespass action having found a verdict for defendants, we are of opinion that the court below was not justified in granting, as it did, plaintiffs' motion for a new trial on the ground that the verdict was contrary to the evidence and that in the interest of justice a new trial should be had.

On the night of April 9, 1946 the wife-plaintiff, Marie P. Carroll, was a passenger on a trolley...

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