Wilkey v. Fayette Fuel Co.

Van Swearingen, P. J.,

During the trial of this case it was agreed orally between counsel and the court that at the conclusion of the evidence the ease would be taken from the jury and decided by the court, under the provisions of the Act of April 22, 1874, P. L. 109, that the evidence offered would be used by the court with like effect as if taken by a judge sitting without a jury, reserving to each party the full benefit of all exceptions to the rulings made by the court when the testimony was taken, a written agreement to that effect between counsel was filed, and the case now is before the…