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Nowak v. Orange

Nowak v. Orange, Appellant

Nowak v. Orange, 36 A.2d 781 (Pa. 1944)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
March 28, 1944
Docket
Nos. , 24
Judges
Chiee, Maxey, Drew, Linn, Stern, Patterson, Stearns, Hughes
Citations
36 A.2d 781349 Pa. 2171944 Pa. LEXIS 434

Opinion of the Court — Maxey

Opinion by Mr. Chiee Justice Maxey, This was an action in trespass based upon an alleged assault and battery. After trial the jury returned a verdict for the plaintiff in the sum of $3,500. The defendant moved for a new trial. This was refused; hence this appeal. Several of the assignments of error are based upon the admission in evidence, over defendant’s objection, of the Quarter Sessions’ record of this same defendant’s indictment for aggravated assault and battery against this prosecutor and his conviction under that indictment, the criminal prosecution arising from the same facts as this civil action. The record of the defendant’s indictment and conviction of the charge of mayhem against this prosecutor was also admitted over defendant’s objection. Testimony of Commonwealth witnesses at the above criminal trials was also admitted over defenidant’s objection. This entire record is replete with these and similar errors.

It is settled that in a civil action to recover damages from an assault and battery the record of the defendant’s conviction in a criminal court of the same charge of assault and battery against the prosecutor is not admissible. See Porter v. Seiler, 23 Pa. 424 , 62 Am. Dec. 431 and 4 Am. Juris., sec. 156, p. 199.

The judgment is reversed, with a venire.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1947: 11956: 21958: 11961: 11963: 11967: 11974: 11981: 11983: 119472026peak 1956 · 2

Relies on it most ⓘ

  1. Greenberg v. Aetna Insurance235 A.2d 576 (Pa. 1967)
  2. Philadelphia Transportation Co. v. Unemployment Compensation Board of Review141 A.2d 410 (Pa. Super. Ct. 1958)
  3. Aetna Casualty & Surety Co. v. Kuhl463 A.2d 822 (Md. 1983)
  4. Mineo v. Eureka Security Fire & Marine Insurance125 A.2d 612 (Pa. Super. Ct. 1956)
  5. Pennsylvania Turnpike Commission v. United States Fidelity & Guaranty Co.194 A.2d 423 (Pa. 1963)
  6. Zubrod v. Kuhn53 A.2d 604 (Pa. 1947)

Most recent

  1. Aetna Casualty & Surety Co. v. Kuhl463 A.2d 822 (Md. 1983)
  2. Jordan v. Gore431 A.2d 300 (Pa. Super. Ct. 1981)
  3. Travelers Indemnity Company v. Walburn378 F. Supp. 860 (D.D.C. 1974)
  4. Greenberg v. Aetna Insurance235 A.2d 576 (Pa. 1967)
  5. Pennsylvania Turnpike Commission v. United States Fidelity & Guaranty Co.194 A.2d 423 (Pa. 1963)
  6. DURHAM BANK & TRUST COMPANY v. Pollard123 S.E.2d 104 (N.C. 1961)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Porter v. Seiler, 23 Pa. 424 (1854) 16

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