Minnich v. Lancaster & Lititz Electric Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 32, Jan. T., 1902, by plaintiff, from order of C. P. Lancaster Co., Aug. T., 1895, No. 112, refusing to take off nonsuit in case of Zacharias Minnich y. Lancaster & Lititz Electric Railway Company, The Lancaster Railway Construction Company and the Pennsylvania Traction Company.
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Appeal, No. 32, Jan. T., 1902, by plaintiff, from order of C. P. Lancaster Co., Aug. T., 1895, No. 112, refusing to take off nonsuit in case of Zacharias Minnich y. Lancaster & Lititz Electric Railway Company, The Lancaster Railway Construction Company and the Pennsylvania Traction Company. Trespass to recover damages for building a street railway in front of plaintiff’s property without his consent, for injuries to crops and fences, and for injuries resulting from the alleged reckless operation of street cars. Before Landis, J. At the trial the court entered a compulsory nonsuit on the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The error in practice corrected by the decisions in Howard v. Union Traction Co., 195 Pa. 391, and Dutton v. Lansdowne Borough, 198 Pa. 563, was that of joining two or more defendants between whom there had been no concert of action, and under the allegation of a joint tort proving the separate torts of each defendant, and leaving the court or jury to select the party legally responsible. This left the case of the defendant against whom a cause of action was showm prejudiced by the proof of the wrongful action of others with whom he had no connection. Referring to…
2Cases cited4 opinions
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- Dutton v. Lansdowne BoroughSupreme Court of Pennsylvania · 1901
- Rowland v. PhiladelphiaSupreme Court of Pennsylvania · 1902
- Howard v. Union Traction Co.Supreme Court of Pennsylvania · 1900
3Cited by15 opinions
- Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
- James v. EvansCourt of Appeals for the Third Circuit · 1906
- Goodman v. Coal TownshipSupreme Court of Pennsylvania · 1903
- Polis v. HeizmannSupreme Court of Pennsylvania · 1923
- Sturzebecker v. Inland Traction Co.Supreme Court of Pennsylvania · 1905
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