Smith v. Drake
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 133 January Term 1889, Sup. Ct. ¡ court below, No. 293 December Term 1886, C. P. No. 4. On December 17, 1886, Patrick Smith brought an action on the case against John C. Drake, William D. Stratton and Isaac Usher, trading as Drake, Stratton & Co., to recover damages for personal injuries caused by the alleged negligence of the defendants.
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ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 133 January Term 1889, Sup. Ct. ¡ court below, No. 293 December Term 1886, C. P. No. 4. On December 17, 1886, Patrick Smith brought an action on the case against John C. Drake, William D. Stratton and Isaac Usher, trading as Drake, Stratton & Co., to recover damages for personal injuries caused by the alleged negligence of the defendants. At the trial on April 14,1887, the facts developed in the plaintiff’s case were substantially as follows: In September, 1886, the defendants were engaged as' contractors in making an…
1Opinion of the Court
Per Curiam*
We are not satisfied that the evidence in this case would have warranted the jury in rendering a verdict in favor of the plaintiff. For reasons given by the learned president of the court below tlierg was no error in entering the judgment of nonsuit and afterwards refusing to take it off.
J udgment affirmed.
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