Barber Asphalt Paving Co. v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 283, Oct. T., 1912, by plaintiff, from judgment of C. P. Phila. Co., Dec. T., 1911, No. 408, for defendant non obstante verdicto in case of Barber Asphalt Paving Company v. Philadelphia. Assumpsit for paving. Before Audenried, J. Verdict and judgment for plaintiff for $741.72. Plaintiff appealed. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Per Curiam,
It is conceded that the same questions are involved in this case as were involved in the case of Vulcanite Paving Co. v. Philadelphia, 239 Pa. 524. Therefore, the same order will be made here as was made there, thus preserving the defendant’s right of appeal in accordance with the practice indicated in Hunt v. Phila. & Reading Ry. Co., 224 Pa. 604-610.
The judgment is reversed with instructions to the court below to enter judgment on the verdict.
2Cases cited2 opinions
- Vulcanite Paving Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1913
- Hunt v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909