Opinion
December 4, 1947. Reargued January 16, 1948.
March 22, 1948.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 135, Jan. T., 1947, from order of C. P. No. 2, Phila. Co., June T., 1943, No. 808, in case of Frank W. Hankins, Sr., Admr., Estate of Mary T. Hankins, deceased, v. United News Transportation Co. Appeal quashed.
Trespass for wrongful death. Before SMITH, P. J.
Disagreement of jury; defendant's motion for judgment on the whole record refused. Defendant appealed.
Thomas Raeburn White, with him C. Laurence Cushmore, Jr., and White Williams, for appellant.
G. Fred DiBona, with him James F. Masterson, for appellee.
This appeal presents, inter alia, the same question as that decided this day in DeWaele v. Metropolitan Life Insurance Company, p. 574 supra. For the reasons there given and, particularly, on the authority of Lipsky v. Stolzer, 236 Pa. 151, 153-154, 84 A. 688, jurisdiction of the instant appeal is likewise lacking.
Appeal quashed at the appellant's costs.