Keifer v. Township of Eldred
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of SehuylMll county: Of January Term 1885, No. 293. This was an action on the case, by Martin W. Keifer against the township of Eldred, to recover damages for the loss of a colt, caused by negligence of the defendant in not keeping in repair and safe condition a bridge on a public road.
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Error to the Court of Common Pleas of SehuylMll county: Of January Term 1885, No. 293. This was an action on the case, by Martin W. Keifer against the township of Eldred, to recover damages for the loss of a colt, caused by negligence of the defendant in not keeping in repair and safe condition a bridge on a public road. On the trial, before Persuing, P. J., the defendant presented the following point: 1. That under the uncontradicted testimony in this case the plaintiff was guilty of contributory negligence in allowing his eattlo to run at largo on tbe highway, and on this bridge, and…
1Opinion of the CourtChief Justice Merche
To' authorize the entering of a judgment non obstante vere*3dido, tho record must show distinctly what point is reserved: Miller v. Bedford, 5 Norris, 454; Patton v. Railway Co., 15 Id., 169. While the question reserved must be one of law only, yet the record must show the specific fact or facts on which the law is reserved. The reservation cannot be on the whole case. Whether there is any evidence of a fact which ought to be submitted to the jury, is a question of law which may be reserved; but whether tho evidence be sufficient to justify the finding is a question of fact which cannot be…
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