Ryan ex rel. Ryan v. Ardis
Supreme Court of Pennsylvania
Appeal, No. 319, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1897, No. 432, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that on July 22, 1897, plaintiff was injured by being struck by a limb which defendant and his workmen cut off while engaged in trimming a tree.
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Appeal, No. 319, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1897, No. 432, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that on July 22, 1897, plaintiff was injured by being struck by a limb which defendant and his workmen cut off while engaged in trimming a tree. The evidenee on behalf of the plaintiff tended to show that he went upon the sidewalk under the tree without noticing the workmen ; that no attempt had been made to rope off the pavement upon which the tree stood, and no one had been…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This appeal is from the refusal of the court to take off the judgment of nonsuit entered on the trial of an action for per*68sonal injuries alleged to have been caused by the defendant’s negligence. No reason of record appears to have been given by the learned court in support of the action complained of, nor does the testimony introduced by the plaintiff disclose any sufficient ground therefor. On the contrary, the evidence was quite sufficient to carry the case to the jury on questions of fact, which, if determined in plaintiff’s favor, would have entitled…
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