Opinion
April 12, 1967.Argued April 12, 1967.
June 16, 1967.
Appeal, No. 130, April T., 1967, from judgment of Court of Common Pleas of Butler County, March T., 1967, No. 346, in case of Anna Kozak v. City of Butler. Judgment affirmed.
Trespass for personal injuries. Before KIESTER, J.
Verdict for plaintiff in the sum of $9,000.00; judgment n.o.v. entered for defendant. Plaintiff appealed.
William C. Robinson, with him William J. Rockenstein, and Henninger Robinson, for appellant. John Murrin, City Solicitor, with him Leonard I. Feldstein, Assistant City Solicitor, for City of Butler, appellee.
Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.
Judgment affirmed.
The entry of judgment n.o.v. for the defendant in this case seems to me wholly improper. Since reinstatement of the verdict for plaintiff would also be inappropriate, Kersey Manufacturing Company v. Rozic, 422 Pa. 564, 222 A.2d 713 (1966), I would reverse and remand for a new trial.