Peoples-Pittsburgh Tr. Co. v. McCaffrey Et Ux.

Dissenting Opinion by

Mr. Justice Maxey:

To reverse the judgment of the court below requires a reversal of a finding of foot by a jury, which finding was based upon competent evidence, and that is something which this court has uniformly declared, throughout its entire history, cannot be done. In Sidwell v. Evans, 1 P. & W. 383, 386, Chief Justice Gibson, speaking for this court, said: “No lawyer ever doubted that a binding direction on a question of fact” was “error.” The decision of the majority of the court in the instant case is equivalent to a holding that the court beloAV should have…