PENNSYLVANIA GREYHOUND LINES v. McKENZIE

No. 12897.

237 F.2d 204 (1956)

PENNSYLVANIA GREYHOUND LINES, Appellant, v. Daisy McKENZIE, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 19, 1956.


Attorney(s) appearing for the Case

Mr. Joseph S. McCarthy, Washington, D. C., with whom Mr. Wilbert McInerney, Washington, D. C., was on the brief, for appellant.

Mr. John Alexander, Washington, D. C., with whom Mr. James K. Hughes, Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, BAZELON and DANAHER, Circuit Judges.


PER CURIAM.

Appellee recovered a $35,000 judgment in her personal injury suit against appellant whose counsel admitted liability in his opening statement to the jury. Reversal is sought on the ground that, since the pretrial order did not include the issue whether the accident caused or aggravated appellee's rare systemic disease of scleroderma, the trial court erred in permitting appellee to raise it. The record clearly shows, however, that appellant's counsel was...

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