Superior Court of Pennsylvania, 1935

Olwell v. Rapp

Olwell v. Rapp
Superior Court of Pennsylvania · Decided October 7, 1935 · Keller, Cunningham, Baldrige, Parker, James, Rhodes
181 A. 456; 119 Pa. Super. 576; 1935 Pa. Super. LEXIS 245

Olwell v. Rapp

Opinion of the Court

Per Curiam,

Tbe plaintiff, a pedestrian, was struck by the defendant’s automobile, driven by defendant’s son, on the defendant’s business. There was evidence from which the jury might find that the accident was due to the negligence of the driver of the automobile. Plaintiff’s body and lower right leg were unquestionably injured and he sustained substantial damages in consequence.

We will not reverse a judgment, entered upon a verdict for a reasonable amount, and grant a new trial merely because the plaintiff, on the trial, testified that his leg had been kept in bandages by his physician for four weeks, while the attending surgeon testified that it was in a cast for that length of time. That is the only ground for a new trial urged upon us. If the leg was severely injured, the variance in the testimony, as to the treatment accorded it, is not very material.

The evidence clearly established that plaintiff was severely hurt and confined to the house for about six weeks because of an injured leg resulting from an accident for which defendant was responsible, and was sufficient to sustain the verdict.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.