Whitman v. Stipp
Supreme Court of Pennsylvania
Appeal, No. 15, Jan. T., 1921, by plaintiffs, from order of C. P. Lackawanna Co., March T., 1917, No. 854, refusing to strike off nonsuit, in case of R. E. Whitman et ux. v. Mathias Stipp. Trespass for personal injuries. Before Smith, P. J., specially presiding. The opinion of the Supreme Court states the facts. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 15, Jan. T., 1921, by plaintiffs, from order of C. P. Lackawanna Co., March T., 1917, No. 854, refusing to strike off nonsuit, in case of R. E. Whitman et ux. v. Mathias Stipp. Trespass for personal injuries. Before Smith, P. J., specially presiding. The opinion of the Supreme Court states the facts. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned, among others, was last order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This suit is by husband and wife for personal injuries to the latter, to whom we shall refer as plaintiff. In the fall of 1916 the city of Scranton entered into a contract with the defendant for the pavement of the cartway in Wyoming Avenue between Larch and Marion streets. The^ work included the usual cutting, filling, levelling, rolling, etc., during which vehicular traffic was excluded therefrom by barriers at street intersections. There was, however, no precautions taken to prevent lateral entrance thereon by pedestrians. The avenue was of the width of fifty…
2Cases cited8 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Zenzil v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Schilling v. AbernethySupreme Court of Pennsylvania · 1886
- Toner v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1919
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3Cited by8 opinions
- Colonial Trust Co. v. Elmer C. Breuer, Inc.Supreme Court of Pennsylvania · 1949
- Barth Et Vir v. KlinckSupreme Court of Pennsylvania · 1948
- Valente v. LindnerSupreme Court of Pennsylvania · 1940
- Degregorio v. MalloySupreme Court of Pennsylvania · 1946
- Henigin v. Booth & Flinn, Ltd.Supreme Court of Pennsylvania · 1932
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