Stroll v. Levan
Supreme Court of Pennsylvania
Error to the Common Pleas of Garlón county. This was- an action of trespass brought April 22d 1857, by Francis Levan against Nicholas C. Strohl, to recover damages for injury to plaintiff by a collision which occurred between him and defendant on the public highway. The defendant pleaded non cul, and on this issue the cause was tried.
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Error to the Common Pleas of Garlón county. This was- an action of trespass brought April 22d 1857, by Francis Levan against Nicholas C. Strohl, to recover damages for injury to plaintiff by a collision which occurred between him and defendant on the public highway. The defendant pleaded non cul, and on this issue the cause was tried. Some time in March 1856, the parties to this suit, with others, were engaged with their teams in hauling the goods of one of their neighbours, who was moving. The defendant, with his wife and sopre others were riding in his wagon, which was drawn by four mules,…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
The plaintiff in error complains that the learned judge of the Common Pleas gave a binding direction to the jury, that he was liable for damages in the action brought against him by the plaintiff below. If this were true it would be error, as there was some diversity of testimony as to whether the disaster was the result of accident purely, or of carelessness or recklessness. This presented a question for the jury.
Considering the whole charge and answer to the points, we think that portion of it constituting the first assignment of erro.1,…
2Cases cited1 opinion
- Philadelphia, Germantown & Norristown Rail Road v. WiltSupreme Court of Pennsylvania · 1839
3Cited by17 opinions
- Sprout v. KirkSuperior Court of Pennsylvania · 1923
- Paulson v. EisenbergSuperior Court of Pennsylvania · 1938
- Battles v. NesbitSuperior Court of Pennsylvania · 1942
- Knautt v. MassingerSuperior Court of Pennsylvania · 1934
- Lassock v. BileskiSuperior Court of Pennsylvania · 1928
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