Beal v. Reading Co.

Opinion by

Mr. Justice Allen M. Stearne,

In this trespass action for personal injuries both sides have appealed. Plaintiffs’ appeal is from an order granting a new trial, following a jury’s verdict for plaintiffs. The refusal of defendant’s motion for judgment non obstante veredicto is the cause for the other appeal.

Where a defendant, as here, moves not only for a new trial but for judgment n.o.v., he places himself in rather an anomalous position. If his motion for a new trial is granted, it automatically disposes of the motion for judgment n.o.v. But this situation frequently has been before…