Kolich v. Monongahela Railway Co.

Opinion by

Mr. Justice Simpson,

Defendant appeals from a judgment for plaintiff, and assigns as error (1) the refusal of the trial judge to give binding instructions in its favor, and (2) the action of the court in banc (one judge dissenting) in dismissing its motion for judgment non obstante veredicto. The verdict for plaintiff, approved by the court below, requires us, in considering these assignments, to ignore such parts of defendant’s testimony as conflict with the evidence supporting plaintiff’s contention. From this standpoint, the essential facts may be briefly stated as follows:

Plaintif…