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MACKELL v. GRACIANO

405 Pa. 488 (1961)

Mackell v. Graciano, Appellant.

Supreme Court of Pennsylvania.

December 29, 1961.

Attorney(s) appearing for the Case

James H. Brennan, with him Maurice Chaitkin, and Brennan and Brennan, for appellants.

William S. Schweers, with him McArdle, Harrington & McLaughlin, for appellee.

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

OPINION BY JUSTICE ALPERN, December 29, 1961:

This case arises out of an action in assumpsit where the jury returned a verdict in the amount of $5,500. The defendants filed motions for judgment n.o.v. and for a new trial.

This was the second trial. In the first trial held in 1956, the jury awarded the plaintiff $5,386.70. The defendants filed motions for judgment n.o.v. and for a new trial. Because the court reporter had died before the testimony could be...

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