MERKLIN v. PHILA. SUB. WTR. CO.


239 Pa.Super. 229 (1976)

Merklin, et al. Appellants, v. Philadelphia Suburban Water Company et al.

Superior Court of Pennsylvania.

March 29, 1976.


Attorney(s) appearing for the Case

Andrew Elash, with him Galen D. Hawk, Alexander B. Giacobetti, and Wright, Spencer, Manning & Sagendorph, and Richter, Syken, Ross & Levant, for appellants.

Joseph J. Murphy, with him Robert J. Murphy, Thomas W. Murphy, and Murphy, Murphy & Murphy, for appellees.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY PRICE, J., March 29, 1976:

Appellants in this case contend that it was error for the court en banc to grant a compulsory non-suit after the trial judge had declared a mistrial. For the reasons which follow, we agree, and grant appellants a new trial.

This appeal arises from the trial of a motor vehicle collision case. On the second day of trial a colloquy took place between the respective attorneys and the judge, wherein counsel for the appellees...

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