Torak v. Philadelphia & Reading Railway Co.

Citations

• 60 Pa. Super. 248
• 1915 Pa. Super. LEXIS 177

Syllabus

<p>Constitutional law — Courts—Municipal Court of Philadelphia— Act of July 12,191$, P. L. 711.</p> <p>Section 12 of the Philadelphiá Municipal Court Act of July 12, 1913, P. L. 711, requiring an answer to he filed by the defendant in an action of trespass within ten days after service of the statement of claim, upon him is not local and special legislation regulating the practice in a judicial proceeding, and is constitutional.</p> <p>; .Courts — Municipal Court of Philadelphia — Buies of court— Practice,, G.P. ......</p> <p>The Municipal Court of Philadelphia has power to .enact a general rule of court providing that “In all trials counsel for both sides shall make such opening statements, as may be proper, to the court or jury, before any testimony is offered by either party.”</p> <p>Railroads — Passengers—Ejection of passenger — Personal injury —Damages.</p> <p>In an action against a railroad company by a passenger, to recover damages for an alleged improper and violent ejection from a train, where the plaintiff testifies to personal injuries, and that he had called in a physician, he may properly state how many times he was visited by the physician.</p> <p>In such a case damages are not limited merely to an amount sufficient to compensate plaintiff for the trouble and inconvenience caused him by the' delay in being put off the car, and the additional expense necessary to complete his journey. He is entitled to substantial damages for the inexcusable trespass.</p> <p>Practice, C. P. — Trial—Charge—Exceptions to charge — General exceptions.</p> <p>• The refusal- to .allow a general exception to a charge is not a basis for an assignment of error, but in this case the error was held to be harmless.</p> <p>Practice,. C. P. — Reduction of verdict — Stipulation—Entry of judgment on verdict.</p> <p>In an action of trespass where the jury returns a verdict for $300, the court may direct that a new trial be' granted unless the plaintiff files a stipulation that he will a