Watterson v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 12, Oct. T., 1917, by plaintiff, from judgment of Superior Court, April T., 1916, No. 11, reversing judgment of C. P. Armstrong Co., Sept. T., 1912, No. 144, for plaintiff for want of a sufficient affidavit of defense in case of Ada L. Watterson v. Tbe Pennsylvania Railroad Company. Appeal from tbe Superior Court. The opinion of the Supreme Court states the ease. The Superior Court reversed the judgment of the Common Pleas Court. Plaintiff appealed.
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Appeal, No. 12, Oct. T., 1917, by plaintiff, from judgment of Superior Court, April T., 1916, No. 11, reversing judgment of C. P. Armstrong Co., Sept. T., 1912, No. 144, for plaintiff for want of a sufficient affidavit of defense in case of Ada L. Watterson v. Tbe Pennsylvania Railroad Company. Appeal from tbe Superior Court. The opinion of the Supreme Court states the ease. The Superior Court reversed the judgment of the Common Pleas Court. Plaintiff appealed. Error assigned was in reversing the judgment of the Court of Common Pleas,.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
Thomas P. Watterson, the husband of the appellant, was killed in a railroad accident while in the employ of the defendant company, and she brought an action in trespass against it to recover damages for his death. After she had closed her testimony, the defendant moved for judgment of nonsuit, and its motion was thus disposed of by the trial judge: “While we regret that this lady is unable to recover for the loss of her husband, yet, in our opinion, it is our duty to grant a compulsory nonsuit, but we will give leave to the plaintiff, at any time before final…
2Cases cited5 opinions
- Haverly v. MercurSupreme Court of Pennsylvania · 1875
- Scanlon v. SuterSupreme Court of Pennsylvania · 1893
- Bausbach v. ReiffSupreme Court of Pennsylvania · 1912
- Scranton City v. BarnesSupreme Court of Pennsylvania · 1892
- Snyder v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1912