Falgiatore v. Falgiatore

Opinion by

Mr. Justice Arnold,

In this action of assumpsit the court below entered judgment on the verdict of the jury in favor of the de fendant. The plaintiff appeals from the refusal of his motions for judgment non obstante veredicto and for a new trial.

The plaintiff presented no point for binding instructions and, therefore, a judgment n.o.v. cannot be entered, nor can the want of a timely presentation of a point for such instructions be later supplied nunc pro tunc: Essex Packers Limited v. Kisecker, 373 Pa. 351, 356, 357, 95 A. 2d 544.

Nor is the plaintiff entitled to a new trial, for a…