Schell v. Miller North Broad Storage Co.

Opinion by

Reno, J.,

This appeal brings up for review the third trial of the assumpsit action which was originally before us in Schell v. Miller North Broad Storage Co., 142 Pa. Superior Ct. 293, 16 A. 2d 680, and there, upon defendant’s appeal, we remanded the ease for a new trial. The second trial ended in a compulsory nonsuit which was subsequently removed; the defendant appealed but its appeal was quashed by. us; and the Supreme Court denied an allocatur. At the third trial the trial judge entered a compulsory nonsuit which the court en banc refused to remove. Plaintiff appealed, assigning…