Strawbridge v. Hawthorne
Superior Court of Pennsylvania
Appeal, No. 78, April T., 1911, by plaintiff, from judgment of C. P. Crawford Co., Feb. Term, 1908, No. 87, for defendant non obstante veredicto in ease of Francis H. Strawbridge v. S. A. Hawthorne. Assumpsit to recover damages for the death of a horse. Before Prather, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 78, April T., 1911, by plaintiff, from judgment of C. P. Crawford Co., Feb. Term, 1908, No. 87, for defendant non obstante veredicto in ease of Francis H. Strawbridge v. S. A. Hawthorne. Assumpsit to recover damages for the death of a horse. Before Prather, P. J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $229.09. Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n: o. v.
1Opinion of the Court
Opinion by
Rice, P. J.,
This case is before us on appeal from judgment n. o. v. under the Act of April 22, 1905, P. L. 286. In determining as to the correctness of the judgment, the test is whether binding direction for the defendant would have been proper at the close of the trial: Dalmas v. Kemble, 215 Pa. 410; Shannon v. McHenry, 219 Pa. 267. In applying the test the plaintiff must be given the benefit of every fact, and inference of fact, pertinent to the issue, which the jury could legitimately find from the evidence before them. Although there were some conflicts of evidence, the jury, by…
2Cases cited6 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
- Shannon v. McHenrySupreme Court of Pennsylvania · 1908
- Shisler v. BaxterSupreme Court of Pennsylvania · 1885
- Lord v. GrowSupreme Court of Pennsylvania · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Malchinsky v. Mutual Life InsuranceSuperior Court of Pennsylvania · 1926
- Chew v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1926
- Frumkin v. MayerSuperior Court of Pennsylvania · 1939
- McSorley v. KatzSuperior Court of Pennsylvania · 1913
- Squires v. JobSuperior Court of Pennsylvania · 1912
5 more not listed; retrieve them via the Exa API.