SUSKEY v. LOYAL ORD. OF MOOSE LDG. NO. 86


325 Pa.Super. 94 (1984)

472 A.2d 663

John E. SUSKEY and Jeannette E. Suskey, Appellants, v. LOYAL ORDER OF MOOSE LODGE #86 an Unincorporated Association.

Supreme Court of Pennsylvania.

Filed February 10, 1984.

Petition for Allowance of Appeal Denied June 12, 1984.


Attorney(s) appearing for the Case

Richard J. Catalano, Pittsburgh, for appellants.

Michael A. Della Vecchia, Pittsburgh, for appellee.

Before CAVANAUGH, JOHNSON and MONTGOMERY, JJ.


CAVANAUGH, Judge:

This is an appeal from an order denying appellants' Motion for New Trial following a jury verdict in favor of appellee Moose Lodge # 86. Appellants contend that they are entitled to a new trial because the court below erred in two regards: the trial judge failed to charge the jury on the presumption of intoxication set forth in the Pennsylvania Motor Vehicle Code (75 Pa.C.S. § 1547(d)(3)); and, the trial judge failed to ascertain that the jury...

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