AGATE v. DUNLEVY


398 Pa. 26 (1959)

Agate, Appellant, v. Dunlevy.

Supreme Court of Pennsylvania.

December 30, 1959.


Attorney(s) appearing for the Case

Michael C. Rainone, for appellant.

Albert C. Gekoski, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE McBRIDE, December 30, 1959:

Plaintiff was injured as the result of being struck by a bicycle ridden by the minor defendant. The case was for the jury and the only questions before us have to do with alleged trial errors.

It would appear that at the end of plaintiff's evidence but before he had rested his case, plaintiff's counsel, at side bar, told the court he would "like to call the defendant...

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