Supreme Court of Pennsylvania, 1970

D'Alessandro v. Seagrove

D'Alessandro v. Seagrove
Supreme Court of Pennsylvania · Decided January 9, 1970 · Bell, Brien, Chiee, Cohen, Cueiam, Eagen, Jones, Pomeroy, Roberts
436 Pa. 607; 260 A.2d 192; 1970 Pa. LEXIS 977

D'Alessandro v. Seagrove

Opinion of the Court

Opinion

Pee Cueiam,

Dissenting Opinion

Dissenting Opinion by

Me. Chiee Justice Bell:

I dissent.

The jury found the only fair and just verdict possible in this case. Plaintiff so clearly assumed the risk that it is incomprehensible for me to understand how any Court could or would reverse the jury’s verdict for the defendant and grant a new trial.

I would reverse the Order of the lower Court, because it committed a clear abuse of discretion, and I would remand to the lower Court for entry of judgment on the verdict.

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