Appeal from order of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1958, No. 2865, in case of Eleanor O. Weste v. Grayson-Robinson Stores, Inc.
R. Silverman, with him Albert C. Gekoski, for appellant.
Mansfield C. Neal, Jr., with him William H. Brown, III, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen.
This is an action of trespass wherein defendant appeals from an order in the court below which dismissed its motion for judgment on the pleadings.
Since the order which dismissed defendant's motion for judgment on the pleadings is an interlocutory order, and since a special right to appeal is not expressly given by statute, no appeal will lie. Absent a statute an appeal lies only from a definitive order, decree or judgment which finally determines the action.*fn1 The Act of April 18, 1874, P. L. 64, § 1, 12 P.S. § 1097, which permits appeals from an order refusing plaintiff's motion for judgment on the pleadings, affords no aid to appellant for two reasons: (1) appellant is the defendant and the Act applies only to the plaintiff, and (2) the Act of 1874 is limited in its scope to orders refusing motion for judgment on the pleadings in actions of assumpsit. Reading Company v. Willow Development Company, Inc., 407 Pa. 469, 181 A.2d 288 (1962).