Selve v. Pilosi
Supreme Court of Pennsylvania
Appeal, No. 326, Jan. T., 1915, by plaintiffs, from final order of C. P. Lackawanna Co., June T., 1913, No. 359, refusing to take off nonsuit, in case of John Selve and Erne Selve, Ms wife, v. Nicholas Pilosi. Trespass to recover damages for the death of plaintiffs’ child. Before Newcomb, J. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit which the court in banc subsequently refused to take off. Plaintiffs appealed.
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Appeal, No. 326, Jan. T., 1915, by plaintiffs, from final order of C. P. Lackawanna Co., June T., 1913, No. 359, refusing to take off nonsuit, in case of John Selve and Erne Selve, Ms wife, v. Nicholas Pilosi. Trespass to recover damages for the death of plaintiffs’ child. Before Newcomb, J. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit which the court in banc subsequently refused to take off. Plaintiffs appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Me. Justice Walling,
This is an action by parents to recover damages for the death of a minor child. At the time in question defendant was the owner of a lot on Main street in Old Forge Borough, which extended back from the street about one hundred and fifty feet, and on which he was erecting a large building. In the rear of the lot was an outside toilet which rested on a vault about twelve feet long, three and one-half feet wide and eight feet deep. About the first of February, 1913, defendant removed the toilet from the vault, so that the latter might be cleaned; and it so remained…
2Cases cited8 opinions
- Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908
- Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883
- Gramlich v. WurstSupreme Court of Pennsylvania · 1878
- Millum v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1909
- Rodgers v. LeesSupreme Court of Pennsylvania · 1891
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3Cited by12 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
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- Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
- Nichol v. Bell Telephone Co.Supreme Court of Pennsylvania · 1920
- Pietros Et Ux. v. Hecla C. C. Co.Superior Court of Pennsylvania · 1935
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