Graboyes v. Kapner

Opinion by

Keller, P. J.,

When this case was here before, (116 Pa. Superior Ct. 4A) on appeal from a judgment for the defendant notwithstanding the verdict for plaintiff, we entered the following order: “The judgment for the defendant n. o. v. is reversed and the record is remitted with direction to the court below to enter such order or judgment (other than the one now reversed) as law and right require”.

That judgment was entered in conformity with a judgment of the Supreme Court in Sloan v. Phila. & R. Ry. Co., 231 Pa. 332, 80 A. 366, where, as here, the court below had indicated that if it…