Henderson v. Continental Refining Co.
Supreme Court of Pennsylvania
Appeal, No. 156, Oct. T., 1906, by plaintiffs, from order of C. P. Venango Co., Nov. T., 1903, No. 31, refusing to take off nonsuit in case of Harry A. Henderson and Haney Henderson, his wife, v. Continental Refining Company, Limited. Trespass to recover damages for death of plaintiffs’ son. The circumstances of the accident are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 156, Oct. T., 1906, by plaintiffs, from order of C. P. Venango Co., Nov. T., 1903, No. 31, refusing to take off nonsuit in case of Harry A. Henderson and Haney Henderson, his wife, v. Continental Refining Company, Limited. Trespass to recover damages for death of plaintiffs’ son. The circumstances of the accident are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The only question presented for review by this appeal is whether the learned trial judge erred in refusing to take off the judgment of compulsory nonsuit entered by him at the close of the plaintiffs’ evidence, upon the trial of this case. The injury for which damages are claimed was the death of a- boy seven years of age, caused, as is alleged, by the negligence of the defendant company in failing to cover or guard a piece of pumping machinerj7, located upon a vacant lot adjacent to the highway. It is apparent from the description of the pumping machinery, with…
2Cases cited3 opinions
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Herron v. PittsburgSupreme Court of Pennsylvania · 1903
- Enright v. Pittsburg Junction RailroadSupreme Court of Pennsylvania · 1903
3Cited by29 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Flucker v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1919
- Thompson v. Reading Co.Supreme Court of Pennsylvania · 1941
- Altenbach, Et Ux. v. Leh. Val. R.R. Co.Supreme Court of Pennsylvania · 1944
- Ferry v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1911
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