Opinion
April 17, 1968.
May 21, 1968.
Appeals — Appealable orders — Interlocutory orders — Order dismissing post-trial motions — Failure to enter judgment on verdict — Quashing appeal.
An appeal from an order dismissing a motion for judgment non obstante veredicto or, in the alternative, for a new trial, where no judgment has been entered on the verdict, must be quashed as an appeal from an interlocutory order.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 58, March T., 1968, from judgment of Court of Common Pleas of Allegheny County, April T., 1965, No. 1311, in case of Edward Bartkewich v. E. K. Billinger and William F. Billinger, trading and doing business as Billco. Appeal quashed.
Trespass for personal injuries. Before McKENNA, JR., J.
Verdict for plaintiff in amount of $73,000 and defendants' motions for new trial and for judgment non obstante veredicto dismissed. Defendants appealed.
Henry E. Rea, Jr., with him Brandt, Riester, Brandt Malone, for appellants.
Thomas L. Cooper, with him McArdle McLaughlin, for appellee.
The jury returned a verdict for the plaintiff. An appeal was taken in this case from the dismissal by the lower Court of defendants' motion for judgment n.o.v. or, in the alternative, a new trial. Since no judgment was entered, the appeal is untimely and is hereby quashed: Straw v. Sands, 426 Pa. 81, 231 A.2d 144; O'Donnell v. Bachelor, 425 Pa. 626, 229 A.2d 755; Lynch v. Metropolitan Life Insurance Co., 422 Pa. 488, 222 A.2d 925.
Appeal quashed.