Rachmel v. Clark
Supreme Court of Pennsylvania
Appeal, No. 45, Jan. T., 1902, by plaintiff:, from order of C. P. No. 1, Phila. Co., Sept. T., 1896, No. 173, refusing to take off nonsuit in case of Albert Rachmel, by his next friend, R. Rachmel, v. Jefferson H. Clark and Howard L. McDonnell, trading as McDonnell & Clark. Trespass to recover damages for personal injuries. Before Biddle, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 45, Jan. T., 1902, by plaintiff:, from order of C. P. No. 1, Phila. Co., Sept. T., 1896, No. 173, refusing to take off nonsuit in case of Albert Rachmel, by his next friend, R. Rachmel, v. Jefferson H. Clark and Howard L. McDonnell, trading as McDonnell & Clark. Trespass to recover damages for personal injuries. Before Biddle, P. J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
The testimony as given in the paper-book does not disclose the facts of the case as fully and clearly as it should. On the trial, the witnesses were permitted to give distances and to indicate the position of the child by reference to objects in the court room, and consequently we are not in possession of some important data necessary to a full understanding of the facts. This practice is not commendable, especially in cases of sufficient importance to be reviewed by an appellate court, as such testimony discloses no facts to those who read it. There is a total…
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