Legal Opinion

Scanlon v. Suter

Supreme Court of Pennsylvania

Decided November 6, 1893No. Appeal, No. 23PublishedCited by 9 opinions

Appeal, No. 23, Oct. T., 1893, by plaintiff, Ann Scanlon, from order of C. P. No. 2, Allegheny Co., Jan. T., 1893, No. 416, entering judgment of nonsuit in favor of defendants, Eli Suter and Suter Ferry Co. Trespass for death of plaintiff’s husband. Before White, J. At the trial it appeared that on July, 5,1888, Edward Scanlon, plaintiff’s husband, went on defendant’s ferryboat.

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Appeal, No. 23, Oct. T., 1893, by plaintiff, Ann Scanlon, from order of C. P. No. 2, Allegheny Co., Jan. T., 1893, No. 416, entering judgment of nonsuit in favor of defendants, Eli Suter and Suter Ferry Co. Trespass for death of plaintiff’s husband. Before White, J. At the trial it appeared that on July, 5,1888, Edward Scanlon, plaintiff’s husband, went on defendant’s ferryboat. The regular ferryman, Arlington Fields, was not on the boat at the time, and a boy was ferrying in his place. After the boat had started the boy was not able to manage it, and deceased and another passenger took the…

1Opinion of the Court

Per Curiam,

Neither of the specifications complains of anything that is assignable as error. The first and second allege error in entering the judgment of nonsuit, and in the opinion of the learned judge giving his reasons therefor; and the third charges error “ in granting judgment of nonsuit as to Eli Suter and the Suter Ferry Company, and in proceeding with trial as to *277Arlington Fields.” No error is assigned to the refusal of the court to set aside the judgment of nonsuit; nor does it appear that any exception was taken thereto.

Error does not lie either to entry or refusal to enter a…

2Cases cited1 opinion

  1. Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883

3Cited by9 opinions

  1. Fine v. SoiferSupreme Court of Pennsylvania · 1926
  2. Greb v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
  3. Altsman v. KellySupreme Court of Pennsylvania · 1939
  4. Bausbach v. ReiffSupreme Court of Pennsylvania · 1912
  5. McAnally v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900

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