Anderson v. Oliver
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE LAWRENCE COUNTY. No. 203 October Term 1890, Sup. Ct.; court below, No. 2 December Term 1889, C. P. On September 3, 1889, Lars Anderson brought trespass against Henry W. Oliver and others, partners as Oliver Brothers & Phillips, to recover damages for personal injuries alleged to have been suffered by the plaintiff through the negligence of the defendants. The defendants pleaded not guilty.
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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE LAWRENCE COUNTY. No. 203 October Term 1890, Sup. Ct.; court below, No. 2 December Term 1889, C. P. On September 3, 1889, Lars Anderson brought trespass against Henry W. Oliver and others, partners as Oliver Brothers & Phillips, to recover damages for personal injuries alleged to have been suffered by the plaintiff through the negligence of the defendants. The defendants pleaded not guilty. At the trial on January 21, 1890, before McMichael, J., the following facts were shown upon the part of the plaintiff: The defendants were operating the…
1Opinion of the Court
OPINION,
Mr. Chief Justice Paxson :
The court below entered a judgment of nonsuit, and the only assignment of error is to the refusal to take it off. Objection is made that there was no exception to the refusal. In Bondz v.' Pennsylvania Co., ante, 153, we held that where, in case of a nonsuit, there is no exception taken to the refusal to take it off, the evidence is not before us and we cannot review the action of the court below upon any question arising upon the evidence.
The ease in hand differs from Bondz v. Pennsylvania Co. in this, that it appears by the docket entries that the…
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