Virgilio v. Walker
Supreme Court of Pennsylvania
Appeal, No. 143, Jan. T., 1916, by plaintiff-, from judgment of C. P. Erie Co., Sept. T., 1914, No. 16, refusing to take off compulsory nonsuit in case of Augustina Virgilio v. L. B. Walker and F. C. Brekm, Copartners, doing business under the name, style and title of L. B. Walker Company. Trespass to recover damages for personal injuries. Before Whittelsey, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 143, Jan. T., 1916, by plaintiff-, from judgment of C. P. Erie Co., Sept. T., 1914, No. 16, refusing to take off compulsory nonsuit in case of Augustina Virgilio v. L. B. Walker and F. C. Brekm, Copartners, doing business under the name, style and title of L. B. Walker Company. Trespass to recover damages for personal injuries. Before Whittelsey, J. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealedi Error assigned, among others, was in refusing to take off the compulsory…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On April 23,1914, Antonio Virgilio, an employee in the street department of the City of Erie, was knocked down by defendants’ automobile, and, as a result, lost his life; his widow sued alleging negligence; the court below entered a nonsuit, which it subsequently refused to remove ; hence this appeal.
The accident happened on West Tenth street, between Plumb and Cascade streets in the City of Erie. Tenth street is a public highway extending through that city in an easterly and westerly direction, .100 feet in width, with *243a footway on each side ; the space…
2Cited by74 opinions
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