Gelzhiser v. Fisher

Opinion by

Mr. Chief Justice Bell,

Plaintiff, Oliver Gelzhiser, filed a complaint in assumpsit against J. Homer Fisher, Bernard L. Stoecklein and George F. Stoecklein d/b/a Penn Lincoln Memorial Park. At the conclusion of the testimony, the lower Court directed verdicts for the defendants. Plaintiff filed a motion for a new trial, which was denied, Judgment was never entered on the verdicts. Plaintiff appealed to this Court “from the lower Court’s Opinion and Decree dismissing the motion for a new trial.”

In Denmon v. Rhodes, 416 Pa. 568, 207 A. 2d 860, we said: “As stated in the footnote in…