Justice v. Weymann

Opinion by

Mr. Justice Walling,

Pansee Keene Justice brought this suit in trespass against Albert C. Weymann, to recover for the death of her husband, James Justice, which, she avers, was caused by the defendant’s negligence. At the trial the jury disagreed, thereupon the defendant, who had asked for binding instructions, moved for judgment in his favor on the whole record, pursuant to the Act of April 20, 1911, P. L. 70. Upon due consideration, the trial court granted the motion and plaintiff has appealed. Such judgment can be entered only where binding instructions should have been given:…