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KOZAK v. CITY BUTLER (06/16/67)

decided: June 16, 1967.

KOZAK, APPELLANT,
v.
CITY OF BUTLER



Appeal from judgment of Court of Common Pleas of Butler County, March T., 1967, No. 346, in case of Anna Kozak v. City of Butler.

COUNSEL

William C. Robinson, with him William J. Rockenstein, and Henninger & Robinson, for appellant.

John Murrin, City Solicitor, with him Leonard I. Feldstein, Assistant City Solicitor, for City of Butler, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 210 Pa. Super. Page 68]

Judgment affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

The entry of judgment n.o.v. for the defendant in this case seems to me wholly improper. Since reinstatement of the verdict for plaintiff would also be inappropriate, Kersey Manufacturing Company v. Rozic, 422 Pa. 564, 222 A.2d 713 (1966), I would reverse and remand for a new trial.

19670616

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