SMITH v. ALLEGHENY COUNTY


377 Pa. 365 (1954)

Smith v. Allegheny County, Appellant.

Supreme Court of Pennsylvania.

May 24, 1954.


Attorney(s) appearing for the Case

Samuel W. Pringle, with him John David Rhodes and Dalzell, Pringle, Bredin & Martin, for appellant.

Robert B. Ivory, with him Evans, Ivory & Evans, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE BELL, May 24, 1954:

A very narrow question is presented. Was the verdict excessive?

We shall summarize the testimony on behalf of the plaintiff as follows: On November 13, 1946, a tire rim became detached from the left rear wheel of defendant's truck. The rim rolled down the street and hit plaintiff in the back of his legs, knocking him against the front of the car he was inspecting. Plaintiff was taken to the hospital and then back...

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