Hurley v. Edward E. Rieck Co.
Supreme Court of Pennsylvania
Appeal, No. 188, Oct. T., 1916, by plaintiffs, from final order of C. P. Allegheny Co., Jan. T., 1916, No. 481, refusing to take off nonsuit in case of Michael Hurley, a minor, by his father and- next friend, Timothy Hurley, and Timothy Hurley, in his own right v. Edward E. Rieck Company. Trespass to recover damages for personal injuries. Before Shaper, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 188, Oct. T., 1916, by plaintiffs, from final order of C. P. Allegheny Co., Jan. T., 1916, No. 481, refusing to take off nonsuit in case of Michael Hurley, a minor, by his father and- next friend, Timothy Hurley, and Timothy Hurley, in his own right v. Edward E. Rieck Company. Trespass to recover damages for personal injuries. Before Shaper, P. J. The facts appear by the opinion of the Supreme Court. At the close of the plaintiffs’ case the court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiffs appealed. Error assigned was in refusing to take off…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This is an appeal by the plaintiffs from the refusal of the court below to take off a nonsuit. In justification of the order appealed from, the trial judge filed an opinion in which he briefly and comprehensively states the case as follows: “The action is by a minor, by his father and next friend, and by the father in his own right, against the employer of the minor, for injuries alleged to have been caused by failure of the employer to furnish the employee with a safe place to work. The defendant company is engaged in the business of selling ice cream from…
2Cited by1 opinion
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