Butler v. City of Pittsburgh

Opinion by

Senior Judge Narick,

Charles A. Butler (Butler)1 has appealed from a trial courts denial of his motion to remove the compulsory non-suit entered in favor of the City of Pittsburgh (City).2

*408In reviewing an appeal from a compulsory non-suit, an appellant must be given the benefit of all favorable testimony, together with all reasonable inferences of fact arising therefrom, and all conflicts in the evidence are to be resolved in his favor. Flagiello v. Crilly, 409 Pa. 389, 187 A.2d 289 (1963); Stevens v. Department of Transportation, 89 Pa. Commonwealth Ct. 309, 492 A.2d 490 (1985).

With…