Lyttle v. Denny
Supreme Court of Pennsylvania
Appeal, No. 192, Oct. T., 1908, by plaintiff, from order of O. P. Cambria Co., June T., 1904, No. 250, refusing to take off nonsuit in case of A. C. Lyttle v. J. B. Denny. Trespass to recover damages for personal injuries. Before O’Connor, P. 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. 192, Oct. T., 1908, by plaintiff, from order of O. P. Cambria Co., June T., 1904, No. 250, refusing to take off nonsuit in case of A. C. Lyttle v. J. B. Denny. Trespass to recover damages for personal injuries. Before O’Connor, P. 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. Errors assigned were (1) in refusing to admit certain depositions, and (4) in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Me. Justice Pottee,
From the history of this case it appears that in May, 1903, the plaintiff was a guest at the hotel of the defendant in Johns-town, Pa. In the room which was assigned to him there was an old style folding bed, with a wardrobe in the back, and so arranged that the bed portion would fold up so as to leave the bed in an upright position when not in use. The top of the bed was heavy, weighing about 300 pounds. The plaintiff occupied the bed during the night, and early the next morning as he was about to rise the top or upright portion of the bed fell forward upon him,…
2Cases cited1 opinion
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- Commonwealth v. Montour Transport Co.Supreme Court of Pennsylvania · 1950
- Tamres v. ReedSuperior Court of Pennsylvania · 1933
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