Boehmer v. Pittsburg, Allegheny & Manchester Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 113, Oct. T., 1899, by plaintiff, from order of C. P. No. 2, Allegheny Co.-, Oct. T., 1897, No. 13, refusing to take off nonsuit. Trespass for personal injuries. BeforeWHiTE, P. J. The facts are fully stated in the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit. cited Corbalis v. Newberry Twp., 132 Pa. 15, Fisher v. Ry. Co., 131 Pa. 297, Lerch v. Bard, 153 Pa. 575, Woelfel v. Ry. Co., 183 Pa. 213, and Gilmore v. Ry.
Read the full summary
Appeal, No. 113, Oct. T., 1899, by plaintiff, from order of C. P. No. 2, Allegheny Co.-, Oct. T., 1897, No. 13, refusing to take off nonsuit. Trespass for personal injuries. BeforeWHiTE, P. J. The facts are fully stated in the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit. cited Corbalis v. Newberry Twp., 132 Pa. 15, Fisher v. Ry. Co., 131 Pa. 297, Lerch v. Bard, 153 Pa. 575, Woelfel v. Ry. Co., 183 Pa. 213, and Gilmore v. Ry. Co., 153 Pa. 32.
1Opinion of the Court
Opinion by
Mr. Justice Green,
The judgment in-this case was a compulsory nonsuit on account of the contributory negligence of the plaintiff resulting in-a collision on a street railway track. The learned trial judge reviewed the evidence on the motion for the nonsuit in the oral charge which is printed, and refused to take off the nonsuit, upon the subsequent argument, and from this decision the present appeal is taken. An examination of the testimony convinces us that the ruling-of the court below was correct. Only the plaintiff and one of his witnesses actually saw the collision.…
2Cited by3 opinions
- Riedel v. Wheeling Traction Co.West Virginia Supreme Court · 1908
- Brown v. Traction Co.Superior Court of Pennsylvania · 1900
- Morrow v. Delaware County & Philadelphia Electric Railway Co.Supreme Court of Pennsylvania · 1901