Hamill v. Borough
Superior Court of Pennsylvania
Appeal, No. 157, Oct. T., 1911, by plaintiff, from judgment of C. P. Lancaster Co., April T., 1907, No. 38, for defendant non obstante veredicto in case of Jennie Hamill v. Christiana Borough. Trespass to recover damages for personal injuries. Before Hassler, J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 157, Oct. T., 1911, by plaintiff, from judgment of C. P. Lancaster Co., April T., 1907, No. 38, for defendant non obstante veredicto in case of Jennie Hamill v. Christiana Borough. Trespass to recover damages for personal injuries. Before Hassler, J. The circumstances of the accident are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for the plaintiff for $1,000. Subsequently the court entered judgment fol ■defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Orlady, J.,
The trial of this case in the court below resulted in a verdict in the plaintiff’s favor, and in disposing of a motion for a new trial and one for judgment non obstante verdicto in favor of the defendant, the court discharged the first, and made absolute the second. The defendant had asked for binding instructions to the jury in its favor, but this the court refused, and in disposing of the question in an opinion filed, the trial judge concludes that he should have directed a verdict for the defendant for the reason that the plaintiff’s contributory negligence precluded a…
2Cases cited9 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Winner v. Oakland TownshipSupreme Court of Pennsylvania · 1893
- Bitting v. Township of MaxatawnySupreme Court of Pennsylvania · 1896
- Boone v. Township of East NorwegianSupreme Court of Pennsylvania · 1899
- Conrad v. Upper Augusta TownshipSupreme Court of Pennsylvania · 1901
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3Cited by1 opinion
- Ramage v. Lower Burrell TownshipSuperior Court of Pennsylvania · 1913