Winner v. Oakland Township
Supreme Court of Pennsylvania
Appeals, Nos. 277 and 278, Oct. T., 1893, by plaintiffs, B. S. Winner and S. J. Winner, his wife, from judgments of C. P. Butler Co., June T., 1892, No. 77, and Sept. T., 1892, No. 26, entering compulsory nonsuits. Trespass for personal injuries to plaintiff’s wife, and for breaking of wagon.
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Appeals, Nos. 277 and 278, Oct. T., 1893, by plaintiffs, B. S. Winner and S. J. Winner, his wife, from judgments of C. P. Butler Co., June T., 1892, No. 77, and Sept. T., 1892, No. 26, entering compulsory nonsuits. Trespass for personal injuries to plaintiff’s wife, and for breaking of wagon. Before Hazen, P. J. At the trial, there was evidence to the following effect: On Aug. 6, 1891, Mrs Winner, accompanied by her daughter, Mrs. Mechling and child, and by her son, Herbert Winner, and his wife, started to return home from a visit in Oakland township. The wagon belonged to B. S. Winner, the…
1Opinion of the Court
S. J. winner's APPEAL.
Opinion by
Mr. Justice Thompson,
This suit was brought by appellants to recover damages for personal injuries consequent upon an accident which occurred upon a public highway in Oakland township. The learned trial judge entered a compulsory nonsuit and this is assigned for error. The appellant, Mrs. Winner, with her son and his wife and their child, and a daughter, having been on a visit in that township, started to return to their homes in a spring wagon, to which was attached a team driven by her son. For the purpose of reaching their destination they took the road upon…
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