Phillips v. American Stores Co.

Per Curiam,

This appeál is by defendant from dismissal of its motion for judgment on the whole record after disagreement- of the jury, pursuant to the Act of April 20, 1911, P. L. 70 (12 PS § 684). In dismissing the motion the court below said that the motion was dismissed “principally because we felt that the Trial Judge had un duly restricted plaintiff’s ■ proofs, and that justice required a retrial of the case.” The order must be affirmed.

In the case of Lipzky v. Stolzer, 236 Pa. 151, 84 A. 688, we held that no appeal would lie under the Act of 1911 where the court merely dismissed a motion…