Keiser v. Eberly
Supreme Court of Pennsylvania
Appeal, No. 107, Jan. T., 1909, by defendants, from judgment of C. P. York Co., Jan. T., 1908, No. 19, on verdict for plaintiff in case of George F. Keiser v. Minerva E. Eberly, trading as The Wilbur A. Eberly Wheel Works. Trespass to recover damages for personal injuries. Before Bittenger, P. J. Verdict and judgment for plaintiff for $1,870. Defendant appealed.
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Appeal, No. 107, Jan. T., 1909, by defendants, from judgment of C. P. York Co., Jan. T., 1908, No. 19, on verdict for plaintiff in case of George F. Keiser v. Minerva E. Eberly, trading as The Wilbur A. Eberly Wheel Works. Trespass to recover damages for personal injuries. Before Bittenger, P. J. Verdict and judgment for plaintiff for $1,870. Defendant appealed. Errors assigned were in the following form: 1. The learned court erred in refusing to enter a compulsory nonsuit after the evidence of the plaintiff had been closed. 2. The learned court erred in refusing the fourth point submitted in…
1Opinion of the Court
Per Curiam,
If there is any error in this record calling for a reversal of the judgment in favor of the plaintiff below, it has not been brought to our notice by any one of the five assignments. From Bavington v. Pittsburg and Steubenville Railroad Co., 34 Pa. 358, to Wallace v. Jameson et al., 179 Pa. 98, we have uniformly ruled that a refusal to enter a compulsory nonsuit is not assignable for error, and the reason for this is found in Borough of Easton v. Neff, 102 Pa. 474. The first assignment is, therefore, dismissed. The next two complain of the court’s refusal to affirm defendant’s…
2Cases cited3 opinions
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
- Wallace v. JamesonSupreme Court of Pennsylvania · 1897
- Bavington v. Pittsburgh & Steubenville RailroadSupreme Court of Pennsylvania · 1859