Kohn v. Burke

Opinion by

Mr. Justice Simpson,

Mary Burke appeals from a judgment, entered on the verdict of a jury, in an action of ejectment brought against her and her tenants, to recover possession of an undivided interest in certain properties in the City of Pittsburgh. Her assignments of error assert only that the trial judge erred in refusing her point for binding instructions; and the court in banc in dismissing her motion for judgment non obstante veredicto. Under such circumstances, all the testimony and inferences fairly deducible therefrom, favorable to plaintiffs, must be accepted as true, and…