Gower v. City of Harrisburg

Wickeesham, J.,

The jury at the trial of this case having disagreed, the defendant made a motion for judgment in its favor upon the whole record, as provided in the Act of April 20, 1911, P. L. 70.

In passing upon the pending motion, the court must assume the truth of plaintiff’s evidence and consider all favorable inferences that can be drawn therefrom. Under the Act of 1911, judgment can be entered on the entire record only where binding instructions should have been given to the jury: Derrick v. Harwood Electric Co., 268 Pa. 136. The plaintiff was driving his automobile along the northern…