Rote v. Pennsylvania & Mahoning Valley Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 219, April T., 1907, by defendant from judgment of C. P. Lawrence Co., Dec. T., 1904, No. 59, on verdict for plaintiff in case of A. M. Rote v. Pennsylvania & Mahoning Valley Railway Co. Trespass to recover damages for personal injuries. Before Porter, P. J. The particulars of the accident are stated in the opinion of the Superior Court. Error assigned, among others, was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
To sustain this appeal we must be able to determine from the record before us that the learned court below should have declared, as a matter of law, that the plaintiff had failed to make out a case, and directed a verdict for the defendant. By the single point for charge presented by the latter the court was asked to so declare. This would have been tantamount to saying that the evidence presented by the plaintiff, even if fully accepted by the jury, disclosed no act of negligence on the part of the defendant causing the injury complained of, or that it exhibited such a…
2Cited by1 opinion
- Friedland v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1915