Fulford v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 86, Jan. Term, 1898, by plaintiff, from order of C. P. Bradford Co., Sept.'Term, 1896, No. 625, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Before Searle, P. J., of the 34th judicial district, specially presiding. At the trial it appeared that plaintiff was injured on the night of August 8,1894, while employed as an engineer in running a freight train from Sayre to Falling Springs.
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Appeal, No. 86, Jan. Term, 1898, by plaintiff, from order of C. P. Bradford Co., Sept.'Term, 1896, No. 625, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Before Searle, P. J., of the 34th judicial district, specially presiding. At the trial it appeared that plaintiff was injured on the night of August 8,1894, while employed as an engineer in running a freight train from Sayre to Falling Springs. After passing a cut at East To wanda he looked out of the cab window of his engine to see if his train was together, and while so engaged he was struck on the left…
1Opinion of the Court
Per Ctjriam:,
This appeal is from the refusal of the court below to take off the judgment of nonsuit ordered by the learned president of the 34th judicial district who specially presided at the trial.
Without referring specially to the testimony and the absence of evidence necessary to justify submission of the case to a jury, we are satisfied that there was no error in refusing to take off the nonsuit. The assignment of error is not sustained.
Judgment affirmed.
2Cited by5 opinions
- McCully v. Monongahela Ry. Co.Supreme Court of Pennsylvania · 1927
- Bowen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Fletcher v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1899
- Simmons v. Southern Traction Co.Supreme Court of Pennsylvania · 1904
- Stitzel v. A. Wilhelm Co.Supreme Court of Pennsylvania · 1908