Bertolet v. Lanard

Opinion by

Stadtfeld, J.,

The plaintiff, William H. Bertolet, Jr. (in his own right and as assignee of George B. Lieberman) brought actions in assumpsit against the defendant that were identical in all details except the amount of moneys which each had contributed to a certain pool of |33,-405.40 and their proportionate right or share in the recovery. The two cases were tried together before Judge Glass and a jury. The jury found for the defendant. Motions for a new trial and judgment n.o.v. were filed. The motion for a new trial was granted by a divided court, Judge Glass, trial Judge,…