Conley Et Ux. v. Simmons

167 A. 675, 312 Pa. 249, 1933 Pa. LEXIS 702

• Court: Supreme Court of Pennsylvania
• Decided: May 25, 1933
• Docket: Appeals, 264-7
• Status: Published

Opinion

Per Curiam,

June 30, 1933:

Defendant appeals from the refusal of judgment n. o. v. and a new trial in two actions, both resulting from the sáme automobile collision and tried as one in the court below.

There is nothing in the record.to justify a reversal, particularly since, on a motion for judgment non obstante veredicto, the evidence must be considered in the light most favorable to plaintiff. Assignments of error raise only questions involving facts which were properly submitted to the jury, and we find ample testimony warranting the verdicts. The evidence does not, as argued by defendant, show incontrovertible physical facts prov ing the accident could not have occurred as claimed by plaintiff.

The judgments are affirmed.