March v. Philadelphia & West Chester Traction Co.

Opinion by

Mr. Justice Simpson,

In an action of trespass for negligence, plaintiff recovered a verdict, defendant moved for judgment non obstante veredicto, the court below dismissed the motion and granted a new trial, whereupon defendant took this appeal, assigning the discharge of its motion as error. Its right to appeal admittedly depends on the Act of April 9, 1925, P. L. 221, and our preliminary questions are, therefore: What is the meaning of the statute, and what rules should be applied in deciding appeals under it? We have repeatedly said, and it is especially applicable in the instant…