Rutter v. Northeastern Beaver County School District

The majority acknowledges that this is an appeal from an order refusing to take off a compulsory non-suit. Its opinion, however, fails to consider appellant’s evidence by the standard appropriate to such an appeal. As a result, the majority does not recognize the lower court’s error in not allowing appellant’s expert witness to testify as to Pennsylvania high school football coaching standards. These failures—as I consider them to be—are especially to be regretted in a case in which the injury is the loss of sight in an eye.

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“A nonsuit should be entered only in a clear case, and, on appeal…