DeWaele v. Metropolitan Life Insurance

Opinion by

Mr. Justice Jones,

Upon a trial of the merits of this action in assumpsit, the jury disagreed and was discharged without rendering a verdict. The defendant, having presented a point for binding instructions which had been overruled, duly filed a motion with the trial court, pursuant to the Act of April 20,1911, P. L. 70,12 PS §684, for judgment upon the whole record. The court en banc subsequently overruled the motion and the defendant took this appeal. The question involved, in limine, is whether there is a right of appeal under the Act of 1911, cit. supra, from the refusal of a…