GILMER v. PHILA. TRANS. CO.


237 Pa.Super. 57 (1975)

Gilmer v. Philadelphia Transportation Company, Appellant.

Superior Court of Pennsylvania.

October 28, 1975.


Attorney(s) appearing for the Case

Lewis H. Van Dusen, Jr., with him F. Ross Crumlish, and Drinker, Biddle & Reath, for appellant.

James F. Mundy, with him Raynes, McCarty & Binder, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY JACOBS, J., October 28, 1975:

This appeal is taken from a judgment in favor of appellee in the amount of $28,198.88, entered following a non-jury trial before Judge FORER. Appellant's primary argument is that its demand for jury trial should not have been denied below. We agree with that contention and therefore reverse and remand for a new trial.

On April 11, 1968, appellee filed a Complaint in Trespass averring that she had sustained injuries...

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