McGrann v. Pittsburgh & Lake Erie Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1885, No. 130. This was an action of debt brought 25th September, 1883, by B. J. McGrann against the Pittsburgh and Lake Erie Railroad Company to recover for extra work done and materials furnished in the construction of the defendant’s railroad. On the trial before Ewing, P. J., the following facts appeared from the testimony of the plaintiff.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1885, No. 130. This was an action of debt brought 25th September, 1883, by B. J. McGrann against the Pittsburgh and Lake Erie Railroad Company to recover for extra work done and materials furnished in the construction of the defendant’s railroad. On the trial before Ewing, P. J., the following facts appeared from the testimony of the plaintiff. The defendant was incorporated to construct a railroad from Birmingham Pa., to Hazleton,Ohio, a distance of about sixty-eight miles. After some negotiations…
1Opinion of the CourtJustice Gbben
The controlling question of this case is the correctness of the order' granting a compulsory nonsuit. Such an order necessarily concedes the truth of the plaintiff’s testimony and such inferences of fact as a jury may lawfully draw from facts proved: Maynes v. Atwater, 7 Norris, 497 ; Miller v. Bealer, 4 Out., 583. The plaintiff h’aving proved his contract and the work done by him, was confronted with a receipt in full of all demands of every kind for or on account of the construction of the railroad which was the subject of the contract. This receipt was given in evidence in the course of…
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