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KURTZ v. PHILA. TRANSPORTATION CO.

394 Pa. 324 (1959)

Kurtz v. Philadelphia Transportation Company, Appellant.

Supreme Court of Pennsylvania.

January 5, 1959.

Attorney(s) appearing for the Case

Bernard J. Smolens, for appellant.

John J. O'Brien, Jr., and Francis X. O'Brien, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

OPINION BY MR. JUSTICE MUSMANNO, January 5, 1959:

The plaintiff in this case, Andrew C. Kurtz, was seriously injured when the 1951 Mercury automobile which he was driving was struck by a street car of the defendant Philadelphia Transportation Company. The jury returned a verdict for the plaintiff and the defendant has appealed, asking for judgment n.o.v., or, alternatively, a new trial, alleging errors in the judge's charge.

Since the plaintiff won the verdict...

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