Jenkins v. Krieger

The pivotal issue presented for review in this appeal is whether the Court of Common Pleas erred in granting defendant-appellant’s motion for judgment notwithstanding the verdict or, in the event such order was found to be erroneous, mandating a new trial of the issues.

The trial court in its opinion accompanying the order granting the motion concluded that it had erred in failing to direct a verdict for the defendant at the close of plaintiff’s evidence.10

Plaintiff’s action against the sheriff for damages stemming from his alleged custodial negligence was predicated, necessarily, upon two…