Marshall v. American Stores Co.
| Decision Date | 26 February 1926 |
| Docket Number | 288-1925 |
| Citation | 87 Pa.Super. 498 |
| Parties | Marshall v. American Stores Company, Appellant |
| Court | Pennsylvania Superior Court |
Argued November 18, 1925
Appeal by defendant, from judgment M. C. Philadelphia County, No 477-1923, in the case of W. F. Marshall v. American Stores Company.
Trespass to recover damages to an automobile. Before Knowles, J. without a jury.
The facts are stated in the opinion of the Superior Court.
The court found for the plaintiff in the sum of $ 1,120.93 and entered judgment thereon. Defendant appealed.
Error assigned was, among others, the refusal of defendant's motion for judgment non obstante veredicto.
Affirmed.
Richard A. Smith, and with him Louis Wagner, for appellant. -- The release was general: Ogden v. Traction Co., 202 Pa 485; Hug v. Hall, 79 Pa.Super. 395; Fields v. Phila. R. T. Co., 273 Pa. 282.
F. Carroll Fow, for appellee. -- The release did not bar plaintiff's action for property damage: Frankel v. Quaker City Cab Co., 82 S.Ct. 219; Matlack's Appeal, 7 W. & S. 79; Cottrell's Estate, 11 Phila. 93; Naglee's Estate, 10 Pa. C. C. 525.
Before Orlady, P. J., Porter, Henderson, Trexler, Keller, Linn and Gawthrop, JJ.
Defendant's truck collided with plaintiff's automobile, in which he and his wife were riding. The wife was injured and the automobile was damaged. This suit for the damages to the automobile was tried before a judge without a jury, and plaintiff has a judgment from which defendant appeals. The only questions properly raised by the assignments are: (1) Was defendant's motion for judgment notwithstanding the findings of the trial judge properly refused; (2) was there error in the admission of evidence?
(1) The accident occurred September 19, 1921. On November 16, 1921 plaintiff and his wife signed and delivered to defendant a release, the material part of which was as follows: " In consideration of the payment of six hundred and 00/000 Dollars to us in hand paid by American Stores Company we do hereby release and forever discharge said American Stores Company from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury which heretofore have been or which hereafter may be sustained by us in consequence of an accident, which occurred on or about the 19th of September, 1921, on White Horse Pike about two miles below Hammonton, __ N.J. __, whereby Mrs. Helene Marshall sustained injuries as the result of the automobile in which she was riding being struck by a truck of the American Stores Company." Appellant's contention is that this release was a bar to the present action, because it covered damage to the automobile, as well as the personal injuries sustained by Mrs. Marshall. The learned trial judge thought that it applied only to the personal injuries of Mrs. Marshall. The conclusion was correct. The language, " an accident, which occurred on...
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...by agreement to eliminate certain elements from the controversy between them: Frankel v. Q.C.C. Co., 82 Pa.Super. 217; Marshall v. Am. Stores Co., 87 Pa.Super. 498. MOSCHZISKER, C.J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ. OPINION MR. JUSTICE SIMPSON: John Smith, the le......
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...only a subsequent personal injury claim. Erie Insurance Exchange v. Gouse, 180 Pa.Super. 488, 119 A.2d 672 (1956); Marshall v. American Stores Company, 87 Pa.Super. 498 (1926). It is inconceivable to us that a release otherwise silent may be construed so as to deprive only one party of righ......