Corbalis v. Township of Newberry
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF YORK COUNTY. No. 413 January Term 1889, Sup. Ct.; court below, No. 23 January Term 1888, C. P. On November 16,1887, Thomas Corbalis brought trespass against tbe township of Newberry to recover damages for personal injuries, alleged to have resulted from the defendant’s negligence. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF YORK COUNTY. No. 413 January Term 1889, Sup. Ct.; court below, No. 23 January Term 1888, C. P. On November 16,1887, Thomas Corbalis brought trespass against tbe township of Newberry to recover damages for personal injuries, alleged to have resulted from the defendant’s negligence. Issue. At tbe trial on February 28, 1888, tbe following facts were shown upon the part of tbe plaintiff: On the evening of December 26, 1885, tbe plaintiff started at about seven o’clock, to go from his boarding house in the-township of Newberry into tbe…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
In reviewing judgments of nonsuit, the well-settled rule is that the plaintiff is entitled to every reasonable inference of fact that the jury might have drawn from the evidence. Every relevant fact which it tends to prove is to be considered as admitted by the defendant: Maynes v. Atwater, 88 Pa. 496.
Tested by that rule, the evidence was quite sufficient to carry the case to the jury on questions of fact which, if determined in favor of plaintiff, would have warranted a verdict in his favor. It was claimed by him that the abutment of the bridge, over which he…
2Cases cited2 opinions
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