Benner v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 208, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, PMladelpMa Co., June T., 1915, No. 4723, on verdict for plaintiff in case of Lettie May Benner v. Philadelphia & Reading Ry. Co. Trespass to recover damages for death to plaintiff’s husband. Before Carr, J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $13,500 and judgment thereon. Defendant appealed.
Read the full summary
Appeal, No. 208, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, PMladelpMa Co., June T., 1915, No. 4723, on verdict for plaintiff in case of Lettie May Benner v. Philadelphia & Reading Ry. Co. Trespass to recover damages for death to plaintiff’s husband. Before Carr, J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $13,500 and judgment thereon. Defendant appealed. Errors assigned were answers to points and in dismissing defendant’s motion for judgment non obstante veredicto. .
1Dissent
Dissenting Opinion by
Mr. Justice Simpson,
October 7,1918:
The verdict and judgment below were for the plaintiff. This court now proposes to enter judgment for the defendant non obstante veredicto. In considering whether or not such a judgment ought to be entered, of course every fact and inference of fact, favorable to plaintiff, which a jury might find to be true, must be conclusively accepted as true; and every allegation of fact, unfavorable to plaintiff, which a jury might reject, must be rejected. Viewed in this light, and leaving out of consideration for the present the presumption of law…
2Cases cited20 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Coolbroth v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Hugo v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1913
- North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
15 more not listed; retrieve them via the Exa API.