Powell v. Empire Mutual Insurance

Brown, Jr., P. J.,

The trial of this case was commenced before judge and jury and when all the evidence had been presented by the parties, it was stipulated at bar that the jury be discharged from further consideration of the case, and that the evidence presented before the judge and jury be considered as being presented to the trial judge without a jury and so determined under the rules. Accordingly, the action being in assumpsit, the case was deemed as tried by a judge without a jury as provided by the Act of June 25, 1937, P. L. 2080, 12 PS §695, and rule *270 of the Courts of Common Pleas of…