Herwick v. Connellsville Borough
Superior Court of Pennsylvania
Appeal, No. 111, April T., 1915, by plaintiff, from order of C. P. Fayette Co., March T., 1907, No. 30, entering judgment for defendant n. o. v. in case of Ella N. Herwick v. Connellsville Borough. Trespass to recover damages for injuries to real estate. Before Umbel, P. J. The facts are stated in the opinion of the Superior Court, Error assigned, was the order directing judgment to be entered for defendant n. o. v. quoted in full in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Trexler, J.,
This was an action of trespass. The jury found in favor of the plaintiff. On June 21, 1907, the court entered'the following order: “And now, June 21, 1907, upon and after due consideration, and under the authority of Herr v. Altoona, 31 Pa. Superior Ct. 375, and Robinson v. Norwood Borough, 215 Pa. 375, the defendant’s motion for judgment under the Act of April 22, 1905 (P. L. 286), is sustained, and judgment is hereby directed to be entered accordingly in favor of the defendant and against the plaintiff, non obstante veredicto' on payment of the jury fee.” On September…
2Cases cited5 opinions
- Robinson v. Norwood BoroughSupreme Court of Pennsylvania · 1906
- Patterson v. KountzSupreme Court of Pennsylvania · 1870
- Herr v. AltoonaSuperior Court of Pennsylvania · 1906
- Hunt v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
- Martin v. Ambridge & Baden Street Railway Co.Superior Court of Pennsylvania · 1914
3Cited by1 opinion
- Schrœder v. Borough of MechanicsburgSuperior Court of Pennsylvania · 1920