Opinion
March 17, 1965.
April 20, 1965.
Appeals — Appealable orders — Interlocutory orders — Order dismissing new trial motion — Failure to enter judgment on verdict — Quashing appeal.
An appeal from an order dismissing a motion for a new trial, where no judgment has been entered on the verdict, must be quashed as an appeal from an interlocutory order.
Argued March 17, 1965. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 23, March T., 1965, from decree of Court of Common Pleas of Westmoreland County, Jan. T., 1957, No. 461, in case of Oliver Gelzhiser v. J. Homer Fisher, Bernard L. Stoecklein and George F. Stoecklein, trading and doing business as Penn Lincoln Memorial Park. Appeal quashed.
Assumpsit. Before KEIM, J.
Verdict entered for defendants, and plaintiff's motion for new trial dismissed. Plaintiff appealed.
George E. Berry, Jr., with him James L. McWherter, for appellant.
Henry R. Shaw, with him Charles E. Marker, and Scales and Shaw, for appellees.
Plaintiff, Oliver Gelzhiser, filed a complaint in assumpsit against J. Homer Fisher, Bernard L. Stoecklein and George F. Stoecklein d/b/a Penn Lincoln Memorial Park. At the conclusion of the testimony, the lower Court directed verdicts for the defendants. Plaintiff filed a motion for a new trial, which was denied. Judgment was never entered on the verdicts. Plaintiff appealed to this Court "from the lower Court's Opinion and Decree dismissing the motion for a new trial."
In Denmon v. Rhodes, 416 Pa. 568, 207 A.2d 860, we said: "As stated in the footnote in Menyo v. Sphar, 409 Pa. 223, 224, 186 A.2d 9: 'Too many members of the Bar mistakenly believe that the appeal is from an Order which dismissed their motion for a new trial, instead of from a judgment which was entered on the verdict: Simpson v. Pennsylvania Turnpike Commission, 384 Pa. 335, 121 A.2d 84. Compare also Hazle Township Supervisors' Appeal, 406 Pa. 641, 180 A.2d 232.' "
This appeal must be quashed because it was not taken from a judgment. The record is remanded to the Court of Common Pleas of Westmoreland County without prejudice to the right to enter a judgment on the verdicts.
Appeal quashed and record remanded.