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HERMAN v. HORST

255 Pa.Super. 232 (1978)

386 A.2d 594

Mary Jane HERMAN, Admrx. of the Estate of William R. Herman, Deceased, Appellant, v. Esther Martin HORST.

Superior Court of Pennsylvania.

Decided April 28, 1978.

Attorney(s) appearing for the Case

David H. Roland, Reading, with him Balmer, Mogel, Speidel & Roland, Reading, for appellant.

Jay N. Abramowitch, Reading, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

This is an appeal from an order refusing to take off a nonsuit.

A nonsuit is proper only if the jury, viewing the evidence and all reasonable inferences arising from it, in the light most favorable to the plaintiff, could not reasonably conclude that the elements of the cause of action have been established. Watkins v. Sharon Aerie, No. 327 F.O.E., 423 Pa. 396, 223 A.2d 742 (1966).

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