Legal Opinion

Lewis v. Wood

Supreme Court of Pennsylvania

Decided January 11, 1915No. Appeal, No. 182PublishedCited by 27 opinions

Appeal, No. 182, Oct. T., 1914, by plaintiff, from judgment of O. P. Allegheny Co., Oct. T., 1912, No. 2337, refusing to take off compulsory non-suit in case of Edward G. Lewis v. C. H. Wood. Trespass to recover damages for personal injuries. Before Frazer, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed.

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Appeal, No. 182, Oct. T., 1914, by plaintiff, from judgment of O. P. Allegheny Co., Oct. T., 1912, No. 2337, refusing to take off compulsory non-suit in case of Edward G. Lewis v. C. H. Wood. Trespass to recover damages for personal injuries. Before Frazer, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the non-suit.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is an action of trespass to recover damages for injuries sustained by the plaintiff by being struck by the defendant’s automobile as he was alighting from a street car at Red Raven, Allegheny County. The learned court below necessarily conceded the negligence of the defendant, but held that the plaintiff was guilty of contributory negligence and entered a nonsuit which it subsequently refused to take off. The plaintiff has appealed.

The legislature recognizing the danger to persons using the highways of the State by reckless and incompetent chauffeurs…

2Cases cited5 opinions

  1. Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
  2. Reeves v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1858
  3. Bucklin v. DavidsonSupreme Court of Pennsylvania · 1893
  4. Liebrecht v. CrandallSupreme Court of Minnesota · 1910
  5. Brown v. LynnSupreme Court of Pennsylvania · 1858

3Cited by27 opinions

  1. Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
  2. Alperdt Et Ux. v. PaigeSupreme Court of Pennsylvania · 1927
  3. Newman v. Protective Motor Service Co.Supreme Court of Pennsylvania · 1929
  4. McFadden v. Pennzoil CompanySupreme Court of Pennsylvania · 1941
  5. Frank v. PleetSuperior Court of Pennsylvania · 1925

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