Eldridge v. Melcher

Dissenting Opinion by

Spaeth, J.:

This is an appeal from an order denying a motion for judgment n.o.v. or for a new trial. I agree with the denial of judgment n.o.v., but I disagree with the denial of a new trial. Although several of the arguments presented on behalf of appellants, who were defendants below, are without merit and were properly disposed of by the lower court, two of the arguments in my view have not only merit but also a general importance that requires the most careful discussion.

The nature and history of the case may be summarized as follows: On August 1, 1963, plaintiff Delta…