Miller v. Atlantic Refining Co.

CRUMLISH, J.,

— This is an action in trespass for personal injuries. A trial jury was had; the jury failed to reach a verdict and were discharged. Defendant subsequently filed a motion for judgment non obstante veredicto upon the whole record. We are asked now to rule upon that motion. Technically, under the Act of April 20, 1911, P. L. 70, sec. 1, 12 PS §684, defendant’s proper motion is for judgment on the whole record, not for judgment n. o. v. We will treat the motion as one for judgment on the whole record, defendant’s requests for binding instructions having been refused.

Defendant is the…