Mitchell v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1898, by plaintiff, from order of C. P. Fayette Co., June T., 1892, No. 386, refusing to take off nonsuit. Trespass to recover damages for personal injuries. The facts appear by the opinion of the court below and of the Supreme Court. At the trial the court entered a compulsory nonsuit, which it subsequently refused to take off, Mestrezat, J., filing an opinion in part as follows : This application is to strike off the non-suit.
Read the full summary
Appeal, No. 147, Jan. T., 1898, by plaintiff, from order of C. P. Fayette Co., June T., 1892, No. 386, refusing to take off nonsuit. Trespass to recover damages for personal injuries. The facts appear by the opinion of the court below and of the Supreme Court. At the trial the court entered a compulsory nonsuit, which it subsequently refused to take off, Mestrezat, J., filing an opinion in part as follows : This application is to strike off the non-suit. The following appear to be the facts, as disclosed by the testimony at the trial: The defendant leased to William P. Jackson two hotel…
1Opinion of the Court
Opinion by
Mr. Justice Green,
There is but one question in this case, and that is whether the plaintiff was so manifestly guilty of contributory negligence as to make it the duty of the court below to direct a compulsory nonsuit. At the conclusion of the plaintiff’s testimony, upon motion of defendant’s counsel, the court granted a compulsory nonsuit, which, afterwards in an exhaustive and able opinion, they refused to take off.
The plaintiff received his injury by an explosion of gasoline in the cellar of his own leased house. He entered the cellar with a lighted lantern in his hand and the…
2Cases cited4 opinions
- Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
- Kibele v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
- Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
- Oil City Gas Co. v. RobinsonSupreme Court of Pennsylvania · 1881
3Cited by3 opinions
- Fredericks v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1924
- Anderson v. RobinsonSupreme Court of Alabama · 1913
- Cohran v. Boothby Realty Co.Supreme Court of Alabama · 1980