Opinion
March 16, 1960.
April 19, 1960.
Appeals — Review — Trial judge — Fact findings — Weight.
The findings of a trial judge which are supported by competent evidence and have been confirmed by the court en banc have the weight of a jury's verdict.
Before JONES, C. J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 19, March T., 1960, from judgment of Court of Common Pleas of Erie County, Sept. T., 1957, No. 393, in case of Erie Coach Company v. Erie Bus Company. Judgment affirmed.
Assumpsit. Before EVANS, P. J., without a jury.
Adjudication filed finding for plaintiff, defendant's exceptions overruled and judgment entered. Defendant appealed.
Samuel M. Baker, with him English, Gilson, Baker and Bowler, for appellant.
Frank B. Quinn, with him Howard N. Plate, and Quinn, Leemhuis, Plate Dwyer, for appellee.
This action in assumpsit was tried to the court sitting without a jury by agreement of the parties. The court made specific findings of fact and conclusions of law and found accordingly in favor of the plaintiff company in the sum of $28,266.84, with interest thereon from May 16, 1955. The defendant filed exceptions to the trial judge's findings and conclusions, which exceptions, after argument thereon before the court en banc, were dismissed and judgment was entered on the trial court's verdict for the plaintiff. The findings of the trial judge, having evidence to support them, and having been confirmed by the court en banc, have the weight of a jury's verdict and support the judgment in favor of the plaintiff company.
Judgment affirmed.