Shapiro v. Philadelphia Electric Co.

Opinion by

Mr. Justice Parker,.

In this action of trespass the jury was discharged after the foreman announced . that they were, unani: mously agreed that the defendant had been negligent but were unable to come to any agreement as to the contributory negligence of plaintiff’s decedent. Defendant, having previously asked for binding instruc: tions, moved for judgment in its favor on the whole record pursuant to the provisions of the Act of April 20, 1911, P. L. 70, § 1 (12 PS § 684). After argument the court in banc dismissed the defendant’s motion and defendant has appealed. :

In view of the…