Kuzmics v. Santiago

JACOBS, President Judge:

This appeal is taken from an order of the court en banc denying appellants’ motion to remove a compulsory nonsuit entered in favor of the City of Bethlehem. The sole issue for our consideration is whether the court erred in refusing to take off the nonsuit. For the following reasons, we hold that it did, and consequently reverse the order of the court below and remand for trial.

Our review of the propriety of the lower court’s decision is governed by the standard that a nonsuit is proper only if the jury, viewing the evidence and all reasonable inferences arising from…