Buccilli v. Shanahan
Supreme Court of Pennsylvania
Appeal, No. 176, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1917, No. 3188, refusing to take off nonsuit in case of Mary Buccilli v. Timothy Shanahan and Timothy Shanahan, Jr., Copartners, trading as T. Shanahan, Jr. Trespass to recover damages for death of plaintiff’s husband. Before Finletter, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 176, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1917, No. 3188, refusing to take off nonsuit in case of Mary Buccilli v. Timothy Shanahan and Timothy Shanahan, Jr., Copartners, trading as T. Shanahan, Jr. Trespass to recover damages for death of plaintiff’s husband. Before Finletter, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Per Curiam,
On October 1,1917, the husband of the appellant rode up Broad street, in the City of Philadelphia, on a truck, *344sitting on the left side of the front seat. On approaching an intersecting street the track was stopped on the east curb of Broad street; he stepped off it backwards and was immediately struck by defendant’s truck moving northward, sustaining injuries which resulted in his death the following day. In the action brought by his widow, a nonsuit was granted on the ground of the failure to prove negligence on the part of the defendant. In refusing to take it off, the learned…
2Cases cited3 opinions
- Stubbs v. EdwardsSupreme Court of Pennsylvania · 1918
- Warruna v. DickSupreme Court of Pennsylvania · 1918
- Stahl v. SollenbergerSupreme Court of Pennsylvania · 1914
3Cited by4 opinions
- Goff v. College Hill BoroughSupreme Court of Pennsylvania · 1929
- Sechler v. FreezeSupreme Court of North Carolina · 1952
- Crawford v. Shenango Valley Traction Co.Superior Court of Pennsylvania · 1931
- Valanda v. Baum & Reissman, Inc.Court of Appeals for the Third Circuit · 1940