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Kozak v. City of Butler

Superior Court of Pennsylvania
Jun 16, 1967
231 A.2d 310 (Pa. Super. Ct. 1967)

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.


Summaries of

Kozak v. City of Butler

Superior Court of Pennsylvania
Jun 16, 1967
231 A.2d 310 (Pa. Super. Ct. 1967)
Case details for

Kozak v. City of Butler

Case Details

Full title:Kozak, Appellant, v. City of Butler

Court:Superior Court of Pennsylvania

Date published: Jun 16, 1967

Citations

231 A.2d 310 (Pa. Super. Ct. 1967)
231 A.2d 310