Smith v. Standard Steel Car Co.
Supreme Court of Pennsylvania
Appeal, No. 180, Oct. T., 1918, by plaintiff, from order of O. P. Lawrence Co., Dec. T., 1912, No. 23, entering judgment for defendant n. o. y. in case of Elwilda Smith y. Standard Steel Car Company. Trespass to recover damages for death of plaintiff’s husband. Before Emery, P. J. At the trial the jury returned a verdict for plaintiff for $8,337.50. On motion of defendant the court entered judgment for defendant n. o. v. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr! Justice Moschzisker,
Elwilda Smith sued in trespass to recover damages for the death of her husband, which she alleged was due to the negligence of defendant company, by whom he was employed; the verdict favored plaintiff, but the court below entered judgment for defendant non obstante veredicto ; hence this appeal.
In determining the propriety of a judgment n. o. v., the controlling question is, would binding instructions for *553defendant have been proper at the end of the trial; and, in deciding that point, the evidence must be read in the light most favorable to plaintiff, the…
2Cases cited5 opinions
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Hughes v. Westmoreland Coal Co.Supreme Court of Pennsylvania · 1883
- Cramer v. Aluminum Co.Supreme Court of Pennsylvania · 1913
- Quigley v. ThompsonSupreme Court of Pennsylvania · 1905
- Catanzaro v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
3Cited by28 opinions
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- Brannan v. Lankenau HospitalSupreme Court of Pennsylvania · 1980
- Conley v. MervisSupreme Court of Pennsylvania · 1936
- Hostetler v. KniseleySupreme Court of Pennsylvania · 1936
- Highland Tank & Manufacturing Co. v. DuerrSupreme Court of Pennsylvania · 1966
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