Emery v. Third Nat. Bk. of Pittsburgh

Opinion by

Mr. Justice Maxey,

Plaintiff has recovered three successive verdicts in this case. The verdict in the first trial was set aside and a new trial granted. Judgment on a verdict was entered in the second trial, and an appeal was taken to this court. We ordered a new trial. At the third trial the plaintiff secured a verdict in the sum of $11,587.90. The defendant made motions for judgment n. o. v. and for a new trial. These were refused, and defendant has appealed.

When this case was previously before us (see 308 Pa. 504, 162 A. 281), we held that it was a case for the jury on the…