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MOODIE v. WESTINGHOUSE ELECTRIC CORPORATION (05/21/51)

THE SUPREME COURT OF PENNSYLVANIA


May 21, 1951

MOODIE
v.
WESTINGHOUSE ELECTRIC CORPORATION, APPELLANT

Appeal, No. 138, Jan. T., 1951, from judgment of Court of Common Pleas No. 6 of Philadelphia County, Dec. T., 1942, No. 2605, in case of James Moodie v. Westinghouse Electric Corporation. Judgment affirmed.

COUNSEL

J. B. H. Carter, with him Guy W. Rogers, Jr. and Evans, Bayard & Frick, for appellant.

James F. Masterson, with him G. Fred DiBona, for appellee.

Before Stern, Stearne, Jones, Ladner and Chidsey, JJ.

[ 367 Pa. Page 503]

OPINION PER CURIAM

The question of the defendant's negligence is indeed a close one. But, a majority of the members of the court who heard the argument of this appeal are of the opinion that the case could not properly have been taken from the jury. Consequently, the learned court below was correct in refusing the defendant's motion for judgment n.o.v. The judgment for the plaintiff is affirmed on the opinion of Judge GUERIN for the court en banc.

Judgment affirmed.

Disposition

The question of the defendant's negligence is indeed a close one. But, a majority of the members of the court who heard the argument of this appeal are of the opinion that the case could not properly have been taken from the jury. Consequently, the learned court below was correct in refusing the defendant's motion for judgment n.o.v. The judgment for the plaintiff is affirmed on the opinion of Judge GUERIN for the court en banc.

Judgment affirmed.

19510521

© 1998 VersusLaw Inc.



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