Citation Numbers: 196 A. 58, 328 Pa. 449
Judges: PER CURIAM, January 3, 1938:
Filed Date: 12/1/1937
Status: Precedential
Modified Date: 1/13/2023
The minor plaintiff, with a companion, was using a swing on defendant's property, where she was a paying *Page 450 guest, the rope broke, precipitating her to the ground, and she was injured. This action was brought to recover the resulting damages. A verdict was rendered in her favor for $10,000 and in her father's favor for $2,500.
Defendant moved for a new trial and for judgment non obstante veredicto. The motion for judgment was refused and a new trial was granted.
So far as judgment for defendant is concerned, it is sufficient to say that our review satisfies us that on the evidence produced as to the condition of the rope the case was for the jury.
The award of a new trial is discretionary: Reiser v. Smith,
The order granting a new trial and the order refusing judgment non obstante veredicto are affirmed.