Bauschard Co. v. Fidelity & Casualty Co. of New York
Superior Court of Pennsylvania
Appeal, No. 14, April T., 1903, by plaintiff, from judgment of C. P. Erie Co., Nov. T., 1899, No. 22, for defendant non obstante veredicto in case of the Bauschard Company v. Fidelity & Casualty Company of New York. Assumpsit on a bond of suretyship. Before Miller, P. J., specially, presiding. The facts appear by the opinion of the Superior Court.
Read the full summary
Appeal, No. 14, April T., 1903, by plaintiff, from judgment of C. P. Erie Co., Nov. T., 1899, No. 22, for defendant non obstante veredicto in case of the Bauschard Company v. Fidelity & Casualty Company of New York. Assumpsit on a bond of suretyship. Before Miller, P. J., specially, presiding. The facts appear by the opinion of the Superior Court. Errors assigned were (1) in reserving the question of law, quoting the reservation; (4) in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
William W. Porter, J.,
The judgment for the defendant in this case was entered non obstante veredicto, on a point reserved. Much space in the briefs of counsel has been devoted to a discussion of the question whether the reservation was good. It is in this form: “ Whether there is any evidence in the case that would entitle the plaintiff to a verdict.” Authority is not wanting to sustain this reservation: Fisher v. Scharadin, 186 Pa. 565 ; Newhard v. Penna. R. R. Co., 153 Pa. 417. Other precedents are accessible which cast a doubt on the form, but where such a reservation in effect…
2Cases cited9 opinions
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Bensinger v. WrenSupreme Court of Pennsylvania · 1882
- Nesbitt v. TurnerSupreme Court of Pennsylvania · 1893
- Fisher v. ScharadinSupreme Court of Pennsylvania · 1898
- Phœnix Brewing Co. v. RumbargerSupreme Court of Pennsylvania · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Yubas v. MakranskySupreme Court of Pennsylvania · 1930
- Land Title Bk. and Tr. Co. v. Freas, Admrx.Supreme Court of Pennsylvania · 1938
- Mattern v. DeckerSuperior Court of Pennsylvania · 1915