Presser v. Dougherty
Supreme Court of Pennsylvania
Appeal, No. 217, Jan. T., 1912, by plaintiffs, from order of C. P. No. 5, Philadelphia Co., Dee. T., 1909, No. 347, refusing to take off nonsuit in case of Samuel Presser, by his father and next friend Selig Presser, and Selig Presser v. Edwin Y. Dougherty, Jr. Trespass to recover damages for personal injuries. Before Ralston, 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.
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Appeal, No. 217, Jan. T., 1912, by plaintiffs, from order of C. P. No. 5, Philadelphia Co., Dee. T., 1909, No. 347, refusing to take off nonsuit in case of Samuel Presser, by his father and next friend Selig Presser, and Selig Presser v. Edwin Y. Dougherty, Jr. Trespass to recover damages for personal injuries. Before Ralston, 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. Plaintiff appealed. Error assigned was the action of the court in refusing plaintiffs’ motion to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
We cannot learn from the record in this case whether *313the nonsuit was entered on the ground of the contributory negligence of the plaintiff or because no negligence had been shown on the part of the defendant. “Where binding instructions are given to the jury or where the court refuses to take off a compulsory nonsuit, the reasons for the action of the court should be at least briefly stated. This, very frequently, would prevent an appeal by enabling the counsel to see the correctness of the court’s position, and, if an appeal should be taken, it would aid very…
2Cases cited2 opinions
- Keiser v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
- Foote v. American Product Co.Supreme Court of Pennsylvania · 1900
3Cited by7 opinions
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- Law v. GallegherSupreme Court of Delaware · 1938
- Blackman v. Miami Transit CompanyDistrict Court of Appeal of Florida · 1960
- Klein v. Philadelphia Rural Transit Co.Supreme Court of Pennsylvania · 1936
- Richards v. Palace Laundry Co.Utah Supreme Court · 1919
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