Papoulas v. West Penn Aviation, Inc.

Thompson, J.,

On the trial of this case defendant at the conclusion of the offering of testimony made a motion for binding instructions in *294its favor, which motion was refused. After the case was submitted to the jury, they were unable to agree and were discharged. We now have before us defendants’ motion for judgment upon the whole record.

The legal situation is the same as that which confronted the trial judge when he refused the motion for binding instructions. The appellate courts have repeatedly held that under similar circumstances:

“In passing upon the record we must assume the truth of…