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NITCH v. MOON

405 Pa. 474 (1961)

Nitch, Appellant, v. Moon.

Supreme Court of Pennsylvania.

December 29, 1961.

Attorney(s) appearing for the Case

Alexander Ogle, with him Samuel Shahade, and Shahade, Horty & Shahade, for appellant.

William L. Kimmel, with him Walker and Kimmel, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION BY JUSTICE ALPERN, December 29, 1961:

The jury returned a verdict for the defendant in a trespass action filed by the plaintiff to recover for personal injuries and property damage alleged to have been sustained as the result of an automobile accident. The plaintiff assigns as error the refusal of the court below to grant binding instructions and the refusal of the court to grant a new trial.

There was considerable conflict in the testimony, both as...

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