Lube v. Philadelphia Rapid Transit Co.

Citations

• 179 F. 867
• 1910 U.S. App. LEXIS 5435

Syllabus

<p>New Trial (§ 14*) — Grounds—Theory op Cause.</p> <p>Where a street car passenger sued for injuries alleged to have been sustained in a collision, and the evidence showed that the collision was purely nominal, and that plaintiff could not have been injured by the impact, plaintiff and his witnesses having deliberately committed themselves to the theory that his injury was the result of a collision, he was not entitled to a new trial, in order to establish a cause of action on the theory that his injury was the result of fright at what he had reason to believe would be a dangerous collision.</p> <p>[Ed. Note. — For other cases, see New Trial, Cent. Dig. § 20; Dec. Dig. § 14.*]</p>