Gelzhiser v. Fisher

208 A.2d 836, 418 Pa. 88, 1965 Pa. LEXIS 562

• Court: Supreme Court of Pennsylvania
• Decided: April 20, 1965
• Docket: Appeal, 23
• Status: Published

Opinion

Opinion by

Mr. Chief Justice Bell,

Plaintiff, Oliver Gelzhiser, filed a complaint in assumpsit against J. Homer Fisher, Bernard L. Stoecklein and George F. Stoecklein d/b/a Penn Lincoln Memorial Park. At the conclusion of the testimony, the lower Court directed verdicts for the defendants. Plaintiff filed a motion for a new trial, which was denied, Judgment was never entered on the verdicts. Plaintiff appealed to this Court “from the lower Court’s Opinion and Decree dismissing the motion for a new trial.”

In Denmon v. Rhodes, 416 Pa. 568, 207 A. 2d 860, we said: “As stated in the footnote in Menyo v. Sphar, 409 Pa. 223, 224, 186 A. 2d 9: “loo many members of the Bar mistakenly believe that the appeal is from an Order which dismissed their motion for a new trial, instead of from a judgment which was entered on the verdict: Simpson v. Pennsylvania Turnpike Commission, 384 Pa. 335, 121 A. 2d 84. Compare also Hazle Township Supervisors’ Appeal, 406 Pa. 641, 180 A. 2d 232.’ ”

This appeal must be quashed because it was not taken from a judgment. The record is remanded to the Court of Common Pleas of Westmoreland County without prejudice to the right to enter a judgment on the verdicts.

Appeal quashed and record remanded.