House v. Schreiber

Opinion by

Rhodes, P. J.,

In this trespass action brought in the Municipal Court of Philadelphia County defendant has appealed from the refusal of the court below to grant his motion for judgment n.o.v. See Fitzpatrick v. Bates, 92 Pa. Superior Ct. 114, 116. The issue is the sufficiency of the evidence to sustain the findings of the trial j^ge.

The case was tried before a judge, sitting without a jury, under the provisions of section 12 of the Act of July 12, 1913, P. L. 711, as amended, 17 PS §695.

The trial judge made a finding in favor of each of the two plaintiffs. Defendant’s motions for new…