Legal Opinion

Kaseman v. Borough of Sunbury

Supreme Court of Pennsylvania

Decided July 11, 1900No. Appeal, No. 158PublishedCited by 3 opinions

Appeal, No. 158, Jan. T., 1900, by plaintiff, from order of G. P. Northumberland Go., May T., 1899, No. 431, refusing to take off nonsuit, in case of Hannab E. Kaseman v. Borough of Sunbury. Trespass for death of plaintiff’s husband. Before Mo. Clube, P. J., specially presiding. The facts appear by 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. 158, Jan. T., 1900, by plaintiff, from order of G. P. Northumberland Go., May T., 1899, No. 431, refusing to take off nonsuit, in case of Hannab E. Kaseman v. Borough of Sunbury. Trespass for death of plaintiff’s husband. Before Mo. Clube, P. J., specially presiding. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned among others was in refusing to take off non-suit.

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

This was an action of trespass brought by the plaintiff to recover damages for the death of her husband caused by injuries sustained by falling into an opening in the embankment at the intersection of Penn street and Center alley in Sunbury.

The following facts were conceded or established by admittedly competent testimony. James Kaseman, the plaintiff’s husband, and D. W. Shipman, Esq., residents of Shamokin, went to Sunbury on June 21, 1898. They attended a social gathering that day, near Sunbury, and were together until the accident occurred which resulted in…

2Cases cited5 opinions

  1. Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
  2. Taylor v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1886
  3. Moore v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1882
  4. Pennsylvania Railroad v. LewisSupreme Court of Pennsylvania · 1875
  5. Delaware L. & W. R. Co. v. CadowSupreme Court of Pennsylvania · 1888

3Cited by3 opinions

  1. Tiers v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
  2. Pennsylvania Railroad v. GuthrieSuperior Court of Pennsylvania · 1917
  3. Girard Trust Co., Trustee's AppealSupreme Court of Pennsylvania · 1938

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