Barnes v. Sowden
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. I No. 192 July Term 1887, Sup. Ct.; court below, No. 871 December Term 1886. • On December 31, 1886, an action for negligence was begun-by Richard Sowden and Lillie, his wife, in right of said wife, against Samuel W. Barnes.
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ERROR TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. I No. 192 July Term 1887, Sup. Ct.; court below, No. 871 December Term 1886. • On December 31, 1886, an action for negligence was begun-by Richard Sowden and Lillie, his wife, in right of said wife, against Samuel W. Barnes. At the trial on May 6, 1887, under the plea of not guilty, it appeared that on November 80,1886, Samuel W. Barnes by his employees, was engaged in opening a trench for a drainpipe from the street across the pavement to the front of Lyon’s store, at No. 2226 on the west side of North Front street. About 10:30…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The single assignment of error in this case is to the refusal of the court below to give a binding instruction to the jury to find for the defendant. Whether such an instruction should *59have been given or not depends upon whether there was any question of fact for the determination of the jury when the evidence closed. If there was such a question, the court was right in submitting it; if there was not, it was error to turn over to the jury what was really a question of law. A brief summary of the evidence is necessary to an intelligent discussion of this question.
2Cases cited4 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- King v. ThompsonSupreme Court of Pennsylvania · 1878
- City of Erie v. MagillSupreme Court of Pennsylvania · 1882
- Hayman v. Pennsylvania R.Supreme Court of Pennsylvania · 1888
3Cited by12 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
- Miller v. White Bronze Monument Co.Supreme Court of Iowa · 1908
- Stackhouse v. Charles H. Vendig & Co.Supreme Court of Pennsylvania · 1895
- Lumis v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
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