Hause v. Lehigh Valley Transit Co.
Superior Court of Pennsylvania
Appeal, No. 129, Oct. T., 1908, by plaintiff, from order of C. P. Lehigh Co., Jan. T., 1908, No. 51, refusing to take off nonsuit in case of Charles G. Hause v. The Lehigh Valley Transit Company. Trespass to recover damages to an automobile. Before Heydt, P. J., specially presiding.
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Appeal, No. 129, Oct. T., 1908, by plaintiff, from order of C. P. Lehigh Co., Jan. T., 1908, No. 51, refusing to take off nonsuit in case of Charles G. Hause v. The Lehigh Valley Transit Company. Trespass to recover damages to an automobile. Before Heydt, P. J., specially presiding. In addition to the facts stated in the opinion of the Superior Court it appeared that the accident happened between three and four o'clock on August 24, 1907. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Morrison, J.,
We approach the consideration of this case with the full understanding that “In our practice, a peremptory nonsuit is in the nature of a judgment for defendant on demurrer to evidence and hence, in testing the validity of such nonsuit, the plaintiff *616is entitled to the benefit of every inference of fact which might have been fairly drawn by the jury from the evidence before them:” Hill v. Trust Co., 108 Pa. 1. At the close of the plaintiff’s case the court below entered a compulsory nonsuit and subsequently refused to take it off. Whereupon, the plaintiff excepted and…
2Cases cited5 opinions
- Iseminger v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1903
- Hill v. Nation Trust Co.Supreme Court of Pennsylvania · 1885
- Mortimer v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1907
- Barto v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1907
- Sturgeon v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1907
3Cited by11 opinions
- Ehrlich v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1946
- Rothweiler v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1927
- Brown v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1928
- Pollock v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1939
- Joannides, Admrx. v. NorrisSuperior Court of Pennsylvania · 1941
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