McElwain v. Myers ( 1951 )

367 Pa. 346 (1951)

McElwain, Appellant,
v.
Myers.

Supreme Court of Pennsylvania.

Argued March 21, 1951. May 23, 1951.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

Samuel J. Feigus, with him Wade K. Newell, for appellant.

William B. Parshall, with him Henderson, Parshall & Crow, for appellee.

OPINION PER CURIAM, May 23, 1951:

A majority of the members of this Court who heard this case are of the opinion that the learned court below was correct in refusing to take off the nonsuit. The judgment is therefore affirmed on the opinion of President Judge CARR for the court en banc.

Judgment affirmed.