Watterson v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 11, April T., 1916, by defendant, from order of C. P. Armstrong Co., Sept. T., 1912, No. 144, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Ada L. Watterson v. The Pennsylvania Railroad Company. Assumpsit for death benefits. Before King, P. J. The opinion of the Superior Court states the case. Error assigned was making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Trexler, J.,
' The plaintiff’s decedent was killed while in the employ of the defendant company. Suit was brought and the matter proceeded to trial and after plaintiff’s testimony was heard, a compulsory nonsuit was entered on motion of defendant’s attorneys. In entering the nonsuit the court made the following comment: “Hence, gentlemen of the jury, while we regret that this lady is unable to recover for the loss of her husband, yet, in our opinion, it is our duty to grant a compulsory nonsuit, but we will give leave to the plaintiff, at any time before final determination of this…
2Cases cited2 opinions
- Snyder v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1912
- Rotonti v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1912