Penman v. McKeesport, Duquesne & Wilmerding Railway
Supreme Court of Pennsylvania
Appeal, No. 45, Oct. T., 1901, by plaintiff, from order of C. P. No. 8, Allegheny Co., Nov. T., 1899, No. 416, refusing to take off nonsuit in case of Peter Penman v. McKeesport, Duquesne & Wilmerding Railway, Trespass to recover damages for personal injuries.
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Appeal, No. 45, Oct. T., 1901, by plaintiff, from order of C. P. No. 8, Allegheny Co., Nov. T., 1899, No. 416, refusing to take off nonsuit in case of Peter Penman v. McKeesport, Duquesne & Wilmerding Railway, Trespass to recover damages for personal injuries. Before Kennedy, P. J. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off, Kennedy, P. J., filing the following opinion: The plaintiff, living in the borough of Duquesne, was returning to his home at night, in the month of January, 1899, and at a point on Duquesne avenue, near his home, he was…
1Opinion of the Court
Pee Ctteiam,
The learned court below directed a judgment of compulsory nonsuit and refused to take off the same. The direction was based on contributory negligence of the plaintiff which appears to be in accord with Gilmartin v. Lackawanna Valley Rapid Transit Co., 186 Pa. 193, and Warner v. Peoples’ St. Railway Company, 141 Pa. 615. The testimony in the case clearly showed the negligence of the plaintiff and fully justified the action of the court in directing the nonsuit and refusing to set it aside. The opinion prepared and filed by Judge Kennedy furnished a satisfactory explanation and…
2Cases cited2 opinions
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Gilmartin v. Lackawanna Valley Rapid Transit Co.Supreme Court of Pennsylvania · 1898
3Cited by4 opinions
- Rothweiler v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1927
- Sipko v. Pennsylvania Railroad Co.Supreme Court of Pennsylvania · 1938
- Barto v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1907
- Holt v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903