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SHAW v. IRVIN (05/25/65)

decided: May 25, 1965.

SHAW, APPELLANT,
v.
IRVIN



Appeal from judgment of Court of Common Pleas of Blair County, March T., 1956, No. 35, in case of Edward L. Shaw v. Edward H. Irvin and Eugene Irvin.

COUNSEL

Richard S. Oyler, for appellant.

Richard A. Carothers, with him Jubelirer & Carothers, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Musmanno dissents. Concurring Opinion by Mr. Chief Justice Bell.

Author: Per Curiam

[ 418 Pa. Page 251]

Plaintiff-appellant brought an action of trespass against defendant and claimed damages in the amount

[ 418 Pa. Page 252]

    of $31,500. At the conclusion of plaintiff's evidence, the trial court granted defendant's motion for a compulsory non-suit which it refused to take off.

Judgment of non-suit affirmed.

Disposition

Judgment affirmed.

Concurring Opinion by Mr. Chief Justice Bell:

The trial Court granted defendants' motion for a compulsory non-suit, which it refused to take off. The judgment of ...


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