Legal Opinion

Kupp v. Rummel

Supreme Court of Pennsylvania

Decided April 1, 1901No. Appeal, No. 346PublishedCited by 7 opinions

Appeal, No. 346, Jan. T., 1900, by plaintiff, from order of C. P. Berks Go., April T., 1899, No. 64, refusing to take off nonsuit in case of Ella Kupp v. Herman F. L. Rummel. Trespass to recover damages for death of plaintiff’s husband. Before Ebmentbout, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit.

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

This was a most singular accident. So far as the evidence discloses, it is not known how Kupp fell into the open hatchway. In fact it is not at all clear how much of the hatchway was open at the time of the accident and whether Graeff had opened it sufficiently to admit Kupp’s body. The only testimony as to what occurred about the time of the accident is that given by Charles H. Graeff, a witness called by the plaintiff. The very unsatisfactory manner in which he was examined by counsel and his equally indefinite replies, render it impossible for us to…

2Cited by7 opinions

  1. Commonwealth v. PrescottSupreme Court of Pennsylvania · 1925
  2. Butcher v. PhiladelphiaSupreme Court of Pennsylvania · 1902
  3. Buck v. McKeesportSupreme Court of Pennsylvania · 1909
  4. Chitwood v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
  5. Commonwealth v. MurphySuperior Court of Pennsylvania · 1927

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