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BAREFOOT v. PENN CENTRAL TRANS. CO. et al.

226 Pa.Super. 558 (1974)

Barefoot, Appellant, v. Penn Central Transportation Co. et al.

Superior Court of Pennsylvania.

April 3, 1974.

Attorney(s) appearing for the Case

John Daley, with him Barry M. Simpson, and Brennan & Brennan, for appellant.

Richard S. Dorfzaun, with him Theodore O. Struk, Michael W. Burns, and Dickie, McCamey & Chilcote, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent.)

OPINION BY JACOBS, J., April 3, 1974:

The issue presented by this appeal is whether the lower court erred in recording a verdict when one of the jurors had said on being polled in open court that it was not his verdict, but that he had earlier agreed to it in the jury room. We find there was no verdict to record, and, therefore, reverse.

Plaintiff commenced this suit in trespass against the Penn Central...

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