McNALLY v. LIEBOWITZ


274 Pa.Super. 386 (1980)

418 A.2d 460

Amelia McNALLY and Daniel McNally, her husband, and Daniel McNally, in his own right, Appellants, v. Carl LIEBOWITZ, Individually and trading as Sandwichland.

Superior Court of Pennsylvania.

Filed January 18, 1980.


Attorney(s) appearing for the Case

James J. Rahner, Broomall, for appellants.

Bernard P. Carey, Jr., Upper Darby, for appellee.

Before PRICE, WIEAND and VAN der VOORT, JJ.


PRICE, Judge:

Trial commenced before a jury on May 25, 1978, and was concluded after the presentation of plaintiffs' case when the trial judge entered a compulsory nonsuit because the evidence showed that plaintiff, Amelia McNally, was contributorily negligent as a matter of law. Motions to set aside the nonsuit and for grant of a new trial were denied, and this appeal followed. We affirm the order of the court of common pleas.

A compulsory nonsuit may be...

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