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PAPPAS v. KEELY (05/28/59)

May 28, 1959

PAPPAS
v.
KEELY, APPELLANT.



Appeals, Nos. 171 and 172, Jan. T., 1959, from order of Court of Common Pleas of Berks County, Aug. T., 1957, No. 19, in case of Thomas J. Pappas v. Rosie Keely, individually, and Rosie C. Keely, administratrix of the estate of John J. Keely, deceased. Appeals quashed. Trespass for personal injuries. Before READINGER, J. Motion for compulsory non-suit against plaintiff granted; and order entered granting plaintiff's motion to remove non-suit and directing new trial. Defendant appealed.

COUNSEL

John C. Clemmens, with him Body, Rhoda, Stoudt & Bradley, for appellant.

Alan M. Hawman, Jr., with him Derr, Hawman and Derr, for appellee.

Before Jones, C.j., Bell, Jones, Cohen and Mcbride, JJ.

[ 396 Pa. Page 64]

OPINION PER CURIAM

These appeals by the defendant, in her individual and representative capacities, are from an order removing a compulsory non-suit and granting the plaintiff a new trial. Such an order is plainly interlocutory and unappealable. The appeals will, therefore, be quashed. Szmigel v. Director General of Railroads, 266 Pa. 573, 110 A. 639; see also Dellacasse v. Floyd, 332 Pa. 218, 221, 2 A.2d 860; and DiGregorio v. Skinner, 351 Pa. 441, 446, 41 A.2d 649.

Disposition

Appeals quashed.

19590528

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