Pascarella v. Kelley

Opinion by

Mr. Justice Arnold,

Defendants, S. A. Whitney & Company and Kelley, appeal from the refusal of their motions for new trial and judgment n.o.v. in a trespass action for property damage alleged to have resulted from various negligent acts of defendants. Coleman, another defendant, permitted plaintiffs to take judgment against him by default, and is not a party to this appeal.

Taking the facts in a light most favorable to the plaintiffs, as we are bound to do, the following appears: In 1947 and prior thereto plaintiffs owned and operated a hotel in the city of Bradford, the building…