Bell v. Title Trust & Guarantee Co.

Opinion by

Mr. Justice Frazer,

The learned trial judge in his order sustaining the motion for a compulsory nonsuit was of opinion the case is ruled by Byers v. The Union Trust Co., 175 Pa. 318. It is true that in the Byers litigation the basis of the dispute, the facts and circumstances considered and the principles laid down, are similar to those involved in the case before us. The former, however, was an action of assumpsit against the trustee under a corporation mortgage, while the one at hand is an action in trespass alleging gross negligence and deceit against a like trustee. In both cases…