De Salle v. Penn Central Transportation Co.

PRICE, Judge:

This appeal arises from the lower court’s denial of appellants’ motion for judgment non obstante veredicto or alternatively, a new trial. We hold that judgment n. o. v. should have properly been entered in favor of appellants and, therefore, reverse the judgment of the lower court.

On appeal from a denial of judgment n. o. v., we are constrained to view the evidence in the light most favorable to the appellee, allowing him the benefit of every fact and every reasonable inference of fact arising therefrom, and resolving any conflict of evidence in his favor. Jones v. Three Rivers…