SIMON v. Del Vitto

Opinion by

Judge Wilkinson, Jr.,

Appellants, the County Commissioners for Westmoreland County (Commissioners) appeal an order of the common pleas court denying their motions for a new trial or for judgment n.o.v. following a jury verdict rendered in favor of appellee (plaintiff) in his mandamus action to recover compensation for services rendered the county as a deputy sheriff. We reverse.

The facts are not in dispute. Plaintiff was originally hired on January 1,1960 as a deputy sheriff and has served continuously in that capacity except as otherwise noted.

By resolution, adopted January 27,…