Dickerson v. Central Railroad
Supreme Court of Pennsylvania
Appeal, No. 229, Jan. T., 1899, by plaintiff, from order of C. P. No. 2, Phila. Co., December T., 1894, No. 91, refusing to take off nonsuit. Trespass for personal injuries. Before Pennypacker, P. J. At the trial it appeared that plaintiff, who was employed by the defendant as a brakeman, was injured on June 7, 1889, at Newark, New Jersey, while operating a defective brake.
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Appeal, No. 229, Jan. T., 1899, by plaintiff, from order of C. P. No. 2, Phila. Co., December T., 1894, No. 91, refusing to take off nonsuit. Trespass for personal injuries. Before Pennypacker, P. J. At the trial it appeared that plaintiff, who was employed by the defendant as a brakeman, was injured on June 7, 1889, at Newark, New Jersey, while operating a defective brake. The court entered a compulsory nonsuit, stating its reasons therefor as follows : I think that this case utterly fails upon its proofs. The plaintiff has been seriously injured and naturally we all sympathize with him, but…
1Opinion of the Court
Peb Cttbtam,
We are not convinced that there was any error in refusing *569to take off the judgment of nonsuit entered by the learned trial judge. The evidence relied on by the plaintiff to show that his employer, the defendant company, was guilty of negligence which resulted in the injury complained of was insufficient to justify submission of the question to the jury.
Judgment affirmed.
2Cited by2 opinions
- Semensky v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1944
- Price v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902