DE SALLE v. PENN CENTRAL TRANSP. CO.


263 Pa.Super. 485 (1979)

398 A.2d 680

Theodore Edward DE SALLE v. PENN CENTRAL TRANSPORTATION COMPANY and Roy H. Lamberson, Appellants.

Superior Court of Pennsylvania.

Decided February 22, 1979.


Attorney(s) appearing for the Case

Aloysius F. Mahler, Pittsburgh, for appellants.

John J. Ross, Aliquippa, for appellee.

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


PRICE, Judge:

This appeal arises from the lower court's denial of appellants' motion for judgment non obstante veredicto or alternatively, a new trial. We hold that judgment n.o.v. should have properly been entered in favor of appellants and, therefore, reverse the judgment of the lower court.

On appeal from a denial of judgment n.o.v., we are constrained to view the evidence in the light most favorable to the appellee, allowing him the benefit of every fact...

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