Smith v. Pachter

Opinion by

Mr. Justice Parker,

When these cases were before us on a former appeal (342 Pa. 21,19 A. 2d 85) the action of the court below in giving binding instructions for defendant was reversed and new trials were awarded. The cases were re-tried and plaintiffs recovered verdicts. The defendant has appealed in each case, claiming that judgments n. o. v. should be entered.

The appellant concedes that if the essential facts developed at the second trial were the same as at the first trial then the cases, under our former decision, were for the jury: McGrath v. Penna. Sugar Co., 285 Pa. 84, 85,…