Lipper v. Tubis

Dissenting Opinion by

Mr. Justice O’Brien:

I cannot agree with the conclusion reached by the majority in this case. Appellee won a jury verdict in the court below and in considering a motion for judgment n.o.v., the evidence, together with all' reasonable inferences therefrom, must be considered in the light most favorable to the verdict winner. Connolly v. Phila. Trans. Co., 420 Pa. 280, 216 A. 2d 60 (1966); Lewis v. U. S. Rubber Co., 414 Pa. 626, 202 A. 2d 20 (1964). Viewing the evidence in the light of that *250standard, I find ample support for appellee’s version of the occurrences which led to…