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PENNEYS v. SEGAL

410 Pa. 308 (1963)

Penneys v. Segal, Appellant.

Supreme Court of Pennsylvania.

March 19, 1963.

Attorney(s) appearing for the Case

Edward Greer, with him Robert K. Greenfield, and Folz, Bard, Kamsler, Goodis & Greenfield, for appellant.

Israel Packel, with him Josef Jaffe, and Fox, Rothschild, O'Brien & Frankel, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 19, 1963:

This is an appeal from an order of the Court of Common Pleas No. 4 of Philadelphia County which granted a new trial in an assumpsit action upon the ground that the trial court inadequately instructed the jury on the subject of the burden of proof.

Samuel Segal, Jr. (Segal), in November, 1953, received a telephone call from a Mrs. Daoud who is engaged...

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