Eardley v. Keeling & Ridge

Citations

• 10 Pa. Super. 339
• 1899 Pa. Super. LEXIS 287

Syllabus

<p>Practice, G. P. — Verdict by direction — Not permissible on conflicting evidence.</p> <p>To justify a verdict by direction, two conditions must concur: (1) the controlling facts must be established beyond doubt; (2) their effect, in the conclusions to which they lead, must be so clear and unquestionable that it may be judicially declared.</p> <p>In an action for damages resulting from alleged negligence in the construction of a sewer in front of plaintiff’s premises, where the evidence as to the effect of certain blasting and as to whether the trench was left open an unreasonable length of time, was conflicting, the controlling facts were not established beyond a doubt and the ease was properly left to the jury.</p>