Legal Opinion

Mellon v. Lehigh Valley Railroad

Pennsylvania Court of Common Pleas, Northampton County

Decided October 29, 1923Published

Rule to show cause why compulsory non-suit should not be stricken off. C. P. Northampton Co., April T., 1922, No. 102.

1Opinion of the Court

Stewart, P. J.,

— This is a rule to show cause why a non-suit should not be stricken off. The facts are correctly stated in the remarks we made to the jury. We granted the non-suit on 'the theory that it was the duty of the court to decide the question of proximate cause, and that Mrs. Mellon’s accident was, not caused' by anything which the defendant could have foreseen and provided against. We felt bound by- the case of Wood v. Pennsylvania R. R. Co., 177 Pa. 306; -, see, also, 4 Dist. 'R. 119. In that case the lower court entered a non-suit, and the Supreme Court, in a careful opinion,…

2Cases cited33 opinions

  1. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  2. Howarth v. Adams Express Co.Supreme Court of Pennsylvania · 1921
  3. Boggs v. Jewell Tea Co.Supreme Court of Pennsylvania · 1920
  4. Bunting v. HogsettSupreme Court of Pennsylvania · 1891
  5. S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887

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