Lohrey v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 198, April T., 1908, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 527, for defendant non obstante veredicto in case of Henry Lohrey v. Pennsylvania Railroad Company. Trespass to recover damages for the destruction of a wagon and its contents and for injuries to a horse.. Before Carnahan, J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 198, April T., 1908, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 527, for defendant non obstante veredicto in case of Henry Lohrey v. Pennsylvania Railroad Company. Trespass to recover damages for the destruction of a wagon and its contents and for injuries to a horse.. Before Carnahan, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict for plaintiff for $329.46. The court subsequently entered judgment for defendaut non obstante veredicto. Error assigned was in entering judgment for defendant non…
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of trespass, based on the negligence of the defendant, the court below refused the defendant’s motion for a binding instruction and there was a verdict in favor of the plaintiff, but, on motion of defendant’s counsel, the learned court subsequently entered judgment on the whole record in favor of the defendant non obstante veredicto. To this judgment the plaintiff excepted and appealed to this court.
The only assignment of error requiring discussion is the third, based on the said judgment.
There was sufficient evidence to carry the question of' the…
2Cases cited9 opinions
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Greenwood v. Phil. W. & B. R.Supreme Court of Pennsylvania · 1889
- Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
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3Cited by1 opinion
- Gelwicks v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1930