Cowsill v. Vipond Construction Co.

Supreme Court of Pennsylvania

Cowsill v. Vipond Construction Co.

95 A. 317, 250 Pa. 32

CourtSupreme Court of Pennsylvania

DecidedMay 26, 1915

DocketAppeal, No. 194

StatusPublished

Cited by4 cases

This text of 95 A. 317 (Cowsill v. Vipond Construction Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cowsill v. Vipond Construction Co., 95 A. 317, 250 Pa. 32 (Pa. 1915).

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Opinion

Per Curiam,

We have not been convinced that any reversible error was committed on the trial of this case, and the judgment for the defendant properly followed the facts found, especially the ninth, which is that “the plaintiff could have furnished the necessary materials and completed the work contemplated and covered in the written agreement had he prosecuted the work without negligence and in good faith, and with ordinary diligence, for at least, the sum due the defendant.”

In waiving a jury trial the parties agreed to submit the case to Hon. Martin Bell, the then president judge of the court below, in accordance with the provisions of the Act of April 22, 1874, P. L. 109. Upon his death the plaintiff might have insisted that the agreement to so submit had terminated and refused to proceed before his successor. He, however, went on before the new president judge, without objection, and now that judgment has been cast against him, it is too late to insist that the agreement to waive a jury trial fell with the death of Judge Bell.

Judgment affirmed.

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Per Curiam,

We have not been convinced that any reversible error was committed on the trial of this case, and the judgment for the defendant properly followed the facts found, especially the ninth, which is that “the plaintiff could have furnished the necessary materials and completed the work contemplated and covered in the written agreement had he prosecuted the work without negligence and in good faith, and with ordinary diligence, for at least, the sum due the defendant.”

In waiving a jury trial the parties agreed to submit the case to Hon. Martin Bell, the then president judge of the court below, in accordance with the provisions of the Act of April 22, 1874, P. L. 109. Upon his death the plaintiff might have insisted that the agreement to so submit had terminated and refused to proceed before his successor. He, however, went on before the new president judge, without objection, and now that judgment has been cast against him, it is too late to insist that the agreement to waive a jury trial fell with the death of Judge Bell.

Judgment affirmed.

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95 A. 317, 250 Pa. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowsill-v-vipond-construction-co-pa-1915.

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