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· 7/29/1898

McCartney v. Westmoreland Coal Co.

Citations

  • 8 Pa. Super. 74
  • 1898 Pa. Super. LEXIS 13

Syllabus

<p>Pleadings — Allegata and probata — Question for jury.</p> <p>The question turned on whether plaintiff had been discharged or had voluntarily quit the. employ of the company defendant, the right of action at a particular date being dependent on this fact. Held, That the issue having been fairly raised by the pleadings, the question was one of fact for the jury, and the jury having passed thereon, the appellate court could not i-eview or disturb the judgment entered on the verdict.</p>

Judges: Beaver, Orlady, Porter, Reeder, Rice, Smith, Wickham

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