DOWNS v. SCOTT


201 Pa.Super. 278 (1963)

Downs v. Scott, Appellant.

Superior Court of Pennsylvania.

June 12, 1963.


Attorney(s) appearing for the Case

Sheldon Tabb, for appellant.

Jerome Taylor, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., June 12, 1963:

The defendant asks a new trial for three reasons: (1) the court below abused its discretion in refusing the defendant's request to withdraw his waiver of jury trial, (2) the verdict was against the weight of the evidence, and (3) the damages awarded were excessive.

1. A waiver of jury trial was endorsed upon the plaintiff's complaint. In such case, if the defendant desires a jury trial, Rule 1025[*](b) of the Court of Common...

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