Grande v. Wooleyhan Transport Co.

Opinion by.

Mr. Justice Drew,

This is a suit in trespass brought to recover damages alleged to have been sustained as the result of the negligence of defendant. At the trial the jury disagreed, whereupon the trial court granted defendant’s motion for judgment on the whole record, under the Act of April 20, 1911, P. L. 70, on the ground that plaintiff was negligent as a matter of law, and judgment was entered for defendant. Plaintiff appealed.

The entry of judgment for defendant was not proper unless the testimony disclosed a case in which binding instructions for the defendant would have been…