decided: March 16, 1965.
Appeal from order of Court of Common Pleas of Chester County, Feb. T., 1963, No. 67, in case of Augustus Denmon, Natalie Denmon, Richard Denmon, a minor, et al. v. Albert Rhodes.
G. Clinton Fogwell, Jr., with him Melva L. Mueller, John W. Wellman, and Reilly and Fogwell, for appellants.
James E. O'Neill, Jr., with him Rogers & O'Neill, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell.
[ 416 Pa. Page 569]
Plaintiffs sued defendant in trespass. The jury returned a verdict for defendant. Plaintiffs appealed to this Court from an Order of the lower Court which dismissed their motion for a new trial.
As stated in the footnote in Menyo v. Sphar, 409 Pa. 223, 224, 186 A.2d 9:
"Too many members of the Bar mistakenly believe that the appeal is from an Order which dismissed their motion for a new trial, instead of from a judgment which was entered on the verdict: Simpson v. Pennsylvania Turnpike Commission, 384 Pa. 335, 121 A.2d 84. Compare also Hazle Township Supervisors' Appeal, 406 Pa. 641, 180 A.2d 232."
The appeal is premature since no Judgment was entered in the lower Court, and for this reason the appeal must be quashed.
The record is remanded to the Court of Common Pleas of Chester County without prejudice to the right to enter a Judgment on the verdict.
Appeal quashed and record remanded.
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