Highland Mantel & Tile Co. v. Wilson

Opinion by

Keller, J.,

Plaintiff appeals, under the Act of April 9, 1925, P. L. 221, from the action of the court below, declining to enter judgment non obstante veredicto in his favor and ordering a new trial. He proceeds, apparently, on the theory that the Act of 1925, supra, requires us to sustain his appeal if the evidence taken on the trial, and certified as part of the record, warranted the entry of judgment in his favor notwithstanding the verdict. He has misconstrued the effect of that statute. The Supreme Court in the very recent case of March v. Phila. & West Chester Traction Co., 285…