Baier v. Universal Welding, Inc.

KEIM, J.,

This case comes before the court en banc for consideration of plaintiff’s *566motion to remove a compulsory nonsuit entered against him at the conclusion of his case.

The case arises from an accident occurring on March 30, 1966, when plaintiff suffered serious injuries when he fell on a trailer at defendant’s place of business.

The framework of reference which we are bound to use in considering plaintiff’s motion to remove the compulsory nonsuit was set forth in the case of Perciavelle v. Smith, 434 Pa. 86 (1969), at page 88, wherein the court stated:

“The rule governing the grant of…