Soltaniuk v. Metropolitan Life Insurance

Argued October 4, 1937; reargued October 13, 1938. Only one real question is presented by this appeal, viz., should the trial judge, at the conclusion of the case, have affirmed the defendant's point requesting binding instructions for the plaintiff in the amount of $42.71, the admitted liability? If it should, then this court, under the Act of April 22, 1905, P.L. 286, is specifically directed to do what the lower court should have done. See Horsfield v. Metropolitan Life Ins.Co., 124 Pa. Super. 458, 468, 189 A. 892. If not, in view of the lower court's declaration that if the defendant had…