Sciandra v. Lynett

Opinion by

Mr. Justice Eagen,

This is a libel action for damages to plaintiff’s reputation as a result of a newspaper article published by the defendant. The action was tried and submitted to a jury for determination. When the jurors failed of agreement, they were discharged. Post trial, the lower court, in a three to two decision, granted the plaintiff’s motion for judgment upon the whole record, pursuant to the provisions of the Act of April 20, 1911, P. L. 70, §1, 12 P.S. §684. The lower court directed that the issue be resubmitted “to a jury for the purpose of assessing damages” only. The…