Wiles v. Emerson-Brantingham Co.
Supreme Court of Pennsylvania
Appeal, No. 118, Jan. T., 1920, by defendant, from judgment of C. P. Franklin Co., Oct. T., 1916, No. 250, on verdict for plaintiff, in case of Cyrus B. Wiles v. Emerson-Brantingham Co. Trespass to recover damages for personal injuries. Before Gillan, P. J. The opinion of the Supreme Court states the facts.. Verdict and judgment for plaintiff for $3,226. Defendant appealed. Error assigned was refusal of defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion bx
Me. Justice: Simpson,
Plaintiff, an employee of defendant, brought suit alleging he was negligently injured while working under the orders of one M. Y. McNeil, a foreman then in charge of the branch of defendant’s foundry where the accident happened. From a verdict and judgment in favor of plaintiff, defendant appeals alleging it was entitled to binding instructions or to judgment non obstante veredicto. Under these circumstances all the evidence and inferences therefrom favorable to plaintiff must be taken as true, and all unfavorable to him, if depending solely upon testimony, must…
2Cases cited2 opinions
- Booth v. DorseySupreme Court of Pennsylvania · 1904
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- Keck v. Pittsburgh, Harmony, Butler & New Castle Railway Co.Supreme Court of Pennsylvania · 1922
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