Carrow v. Massachusetts Bonding & Insurance

Citations

• 72 Pa. Super. 498
• 1919 Pa. Super. LEXIS 354

Syllabus

<p>Practice, C. P. — Judgment n. o. v. — Province of court — Alteration of verdict — New trial.</p> <p>A judgment non obstante veredicto may be entered only in a ease where binding direction to the jury would have been proper at the trial. Where under the evidence the court could not have given binding instructions in favor of plaintiff for a certain amount, it cannot afterwards, on motion for judgment non obstante veredicto, enter judgment for that amount. Where there was a question to be submitted to a jury, a court cannot change the verdict by adding to such verdict its own determination of the legal questions as to whether, under the facts of the case, only a limited sum could be recovered. If there was error in the presentation of the case, the proper procedure was to award a new trial.</p> <p>Practice, Superior Court — Appeals—Reversal of judgment non obstante veredicto — Subsequent appeal by losing party.</p> <p>Where the Superior Court reverses a judgment entered non obstante veredicto opportunity for a subsequent appeal will be allowed the losing party if he desires to have reviewed exceptions taken by him at the trial.</p>