Moore v. W. J. Gilmore Drug Co.

Opinion by

Keller, P. J.,

This action of trespass was tried by a judge without a jury. He found for the defendant, and entered judgment accordingly. Plaintiff moved for a new trial and for judgment non obstante veredicto in his favor. The court in banc discharged the rule for a new trial but entered judgment non obstante veredicto in favor of the plaintiff for $667.85, the trial judge dissenting. The judgment must be reversed.

When a case is tried by a judge without a jury, the trial judge takes the place of the jury and his finding on the facts has the force and effect of the verdict of a jury.…