Zidek v. West Penn Power Co.

Kenworthey, J.,

Opinion by

In this, negligence case, defendant, appeals from a refusal to grant its motion for judgment n. o. y. Its contention is that prior to the institution of suit, it had made a settlement of this claim with an attorney representing plaintiff.

The facts are undisputed. The accident happened January 21, 1937, and thereafter plaintiff executed and ■delivered to an attorney an irrevocable power in which she authorized him to “either settle, adjust, enter suit, pursue said suit in the proper courts or otherwise dispose of her claim......Said attorney to receive as compensation…