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CALLAHAN v. WISHART & SONS CO.

365 Pa. 498 (1950)

Callahan v. A. Wishart & Sons Company, Appellant.

Supreme Court of Pennsylvania.

November 13, 1950.

Attorney(s) appearing for the Case

Harold R. Schmidt, with him Rose, Eichenauer, Stewart & Rose, for appellant.

Robert B. Ivory, with him Armin H. Friedman and Evans, Ivory & Evans, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, November 13, 1950:

This is a trespass action for personal injuries, which has been tried twice and each time the jury has returned a verdict for the plaintiff in the amount of $5,000.00. The defendant filed a motion for judgment n.o.v. which the court in banc dismissed. It is from the dismissal of its motion for judgment n.o.v. that defendant appeals.

Viewed in the light most favorable to the plaintiff, the facts are...

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