Hardy v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 2, Jan. T., 1913, by plaintiff, from order of C. P. No. 3, Philadelphia Co., Déc. T., 1907, No. 3741, refusing to take off nonsuit in case of Lizzie Gr. Hardy v. Lehigh Valley Railroad Company. Trespass to recover damages for the death of plaim tiff’s husband. Ferguson, J., in entering a nonsuit, charged the jury as follows: Gentlemen of the jury: This matter will not be submitted to you. I will relieve you of any further consideration of the case.
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Appeal, No. 2, Jan. T., 1913, by plaintiff, from order of C. P. No. 3, Philadelphia Co., Déc. T., 1907, No. 3741, refusing to take off nonsuit in case of Lizzie Gr. Hardy v. Lehigh Valley Railroad Company. Trespass to recover damages for the death of plaim tiff’s husband. Ferguson, J., in entering a nonsuit, charged the jury as follows: Gentlemen of the jury: This matter will not be submitted to you. I will relieve you of any further consideration of the case. In my judgment, if you believed all the evidence the plaintiff has produced, there is no evidence which I could submit to you that…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The assignments of error in this case are clearly insufficient. The first assignment merely avers that the trial judge erred in entering a nonsuit, and the second simply contains the general averment that it was error to refuse to take it off. We have repeatedly said that assignments in this form are insufficient under our rules and decisions. An appeal is from an order, or decree, or judgment*, some definite action of the lower court; and the assignments of error are incomplete *458which fail to set out the order, decree or judgment from which the appeal was taken:.…
2Cases cited3 opinions
- Arnold v. Russell Car & Snow Plow Co.Supreme Court of Pennsylvania · 1905
- North Mountain Water Supply Co. v. TroxellSupreme Court of Pennsylvania · 1909
- Yerger v. HunnSupreme Court of Pennsylvania · 1911
3Cited by4 opinions
- Gentile v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1922
- Commonwealth v. FilerSupreme Court of Pennsylvania · 1915
- Scull's EstateSupreme Court of Pennsylvania · 1915
- O'Toole v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Philadelphia County1929