Bodick v. Harcliff Mining Co.

214 A.2d 735, 207 Pa. Super. 159, 1965 Pa. Super. LEXIS 668

• Court: Superior Court of Pennsylvania
• Decided: December 8, 1965
• Docket: Appeal, 88
• Status: Published

Opinions

Opinion by

Hoffman, J.,

Plaintiff sued defendant in trespass. The jury returned a verdict for plaintiff. Defendant appealed to this court from orders of tbe lower court which refused its motions for judgment n.o.v. and for a new trial.

An appeal does not lie from the refusal of either a new trial or judgment n.o.v., but from the judgment entered subsequent to the court’s disposition of after-verdict motions. Simpson v. Pennsylvania Turnpike Commission, 884 Pa. 335, 121 A. 2d 84 (1956).

The record in the present appeal reveals that judgment had not been entered on the verdict when the appeal was taken nor at any time thereafter. Consequently, the appeal is premature and must be quashed. Denmon v. Rhodes, 416 Pa. 568, 207 A. 2d 860 (1965) ; Kersey Manufacturing Co. v. Rozic, 205 Pa. Superior Ct. 551, 211 A. 2d 76 (1965).

The record is remanded to the Court of Common Pleas of Allegheny County without prejudice to the right to enter judgment on the verdict and to appeal therefrom to the proper court.

Appeal quashed and record remanded.