Hildock v. Grosso

Opinion bv

Mr. Justice Schaffer,

This appeal is from an order of the court below taking off a compulsory nonsuit. There is no appeal from such an order and therefore the appeal must be quashed: Dellacasse v. Floyd, 332 Pa. 218, 2 A. (2d) 860.

The quashing of the appeal means that the case may be retried. If the testimony on a second trial should be the same as on the one we are reviewing, such retrial would be a useless proceeding. The nonsuit was removed because of a mistaken view of the law by a majority of the court below; Judge Case, who dissented, had the right view.

Defendant owned the…