Opinion
March 18, 1940.
April 15, 1940.
Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN, BARNES and PATTERSON, JJ.
Appeals, Nos. 9 and 10, March T., 1940, from judgments of Superior Court, April T., 1939, Nos. 102 and 103, affirming judgments of C. P. Allegheny Co., Jan. T., 1936, No. 1955, in case of Clarence Kelly et ux. v. Dr. C. C. Yount. Judgments affirmed.
Trespass for personal injuries. Before THOMPSON, J.
The facts are stated in the opinion of the Superior Court, reported in 135 Pa. Super. 528.
Verdicts, in sum of $500 for husband plaintiff and in sum of $1,500 for wife plaintiff, and judgments thereon. Defendant appealed to the Superior Court, which affirmed the judgments of the court below. Appeal by defendant to Supreme Court allowed.
Errors assigned related to the action of the Superior Court in overruling defendant's assignments of error and in affirming the judgments of the court below.
William A. Challener, Jr., with him William A. Challener, of Challener Challener, for appellant. H. S. Millar, with him Brandon Brandon, for appellee.
Argued March 18, 1940.
The majority of the members of this court, Mr. Chief Justice SCHAFFER and Mr. Justice LINN dissenting, agree that the judgments of the learned Superior Court should be affirmed upon the opinion of Judge HIRT, reported at 135 Pa. Super. 528.
Judgments affirmed.