Bastian v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 315, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 3, Pbila. Co., March. T., 1892, No. 902, refusing to take off nonsuit. Appeal from report of jury of view. Before Gordon, J. The facts appear by the opinion of the Supreme Court. Gordon, J., entered a nonsuit stating his reason therefor as follows: I have entered a nonsuit for the reasons you have heard me state.
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Appeal, No. 315, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 3, Pbila. Co., March. T., 1892, No. 902, refusing to take off nonsuit. Appeal from report of jury of view. Before Gordon, J. The facts appear by the opinion of the Supreme Court. Gordon, J., entered a nonsuit stating his reason therefor as follows: I have entered a nonsuit for the reasons you have heard me state. The city of Philadelphia had all these streets plotted upon its plans, from the year 1864, and this plaintiff was a tenant from year to year on this ground. An ordinance authorizing the opening of the streets…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This appeal is from the refusal of the court to take off the judgment of nonsuit. In its legal effect, a compulsory non-suit is substantially the same as a demurrer to the evidence, except that the trial judge cannot give judgment for the defendant. It thus impliedly admits all the facts which the jury might have inferred from the testimony: Maynes v. Atwater, 88 Pa. 496; Miller v. Bealor, 100 Pa. 583. If there be any evidence beyond a mere scintilla, however slight, from which the jury may draw an inference favorable to the plaintiff, the case should be…
2Cases cited2 opinions
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- Miller v. BealerSupreme Court of Pennsylvania · 1882
3Cited by5 opinions
- Dunlap Printing Co. v. RyanSupreme Court of Pennsylvania · 1923
- Walacavage v. WalacavageSuperior Court of Pennsylvania · 1951
- Gordon v. GordonSupreme Court of Pennsylvania · 1923
- Kaufman v. AbelesSuperior Court of Pennsylvania · 1899
- McAvoy v. Philadelphia & Reading Railway Co., Pennsylvania Court of Common Pleas, Schuylkill County1924