Cowen v. Katz

Opinion by

James, J.,

Plaintiff brought her action in trespass, against Bernard Katz, to recover for injuries sustained by her through the alleged negligence of the defendant. By a writ of scire facias, the original defendant joined Edward P. Roberts, as an additional defendant, alleg ing that Roberts was alone liable to plaintiff. Th'e case was tried by the court without a jury, and upon the conclusion of plaintiff’s testimony, the court allowed defendants’ motions for a nonsuit. From the refusal of plaintiff’s motion to remove the nonsuit, she has appealed.

From the evidence it appears that at…