Newland v. Lehigh Valley Railroad

Opinion by

Mr. Justice Simpson,

Charles Newland, whose administratrix is now the appellant, sued the defendant railroad for damages alleged to have been sustained by him, by reason of its negligence. At the end of plaintiff’s case, defendant did not move for a nonsuit, but, when the evidence of both sides was closed, it presented a point for binding instructions in its favor. This point was refused, and plaintiff recovered a verdict; later the court in banc entered judgment for defendant non obstante veredicto, and therefrom plaintiff appeals.

The only basis for entering the judgment, was…