Pennsylvania Railroad v. J. Jacob Shannon & Co.

Opinion by

Mr. Justice Allen M. Stearne,

This is an appeal from the refusal of the court below to remove a nonsuit entered against appellant in favor of appellee (defendant) and tlie additional defendants.

The Pennsylvania Railroad Company (appellant) brought an action in assumpsit against J. Jacob Shannon & Co. (appellee) for the sum of $3,900.00, with interest. The De Vincentis Construction Company and Anthony De Vincentis were joined as additional defendants but are not parties in this appeal. The case was tried before a judge without a jury.

On March 9, 1942, the railroad company and the…