Edwards v. Western Maryland Ry. Co.
Supreme Court of Pennsylvania
Appeal, No. 184, Jan. T., 1920, by plaintiff, from judgment of C. P. York Co., Jan. T., 1917, No. 832, of non pros, on question of law raised by affidavit of defense, in case of Edward Edwards v. Western Maryland Railway Co. Trespass for personal injuries. Motion for judgment on question of law raised by affidavit of defense. Before Ross, J. The opinion of the Supreme Court states the facts. The court entered judgment of non pros. Plaintiff appealed.
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Appeal, No. 184, Jan. T., 1920, by plaintiff, from judgment of C. P. York Co., Jan. T., 1917, No. 832, of non pros, on question of law raised by affidavit of defense, in case of Edward Edwards v. Western Maryland Railway Co. Trespass for personal injuries. Motion for judgment on question of law raised by affidavit of defense. Before Ross, J. The opinion of the Supreme Court states the facts. The court entered judgment of non pros. Plaintiff appealed. Error assigned was judgment of non pros., quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
On an averment in its affidavit of defense, that the plaintiff had been guilty of laches in the prosecution of his action, the court below directed judgment of non pros. Assuming the situation to be as set forth in the affidavit of defense, the judgment from which the plaintiff has appealed was improvidently entered. This is manifest from a recital of what the defendant avers as showing laches barring the plaintiff from further prosecution of his suit.
The appellant, who was a conductor in the service of the defendant, was injured December 17, 1914, by the…
2Cases cited5 opinions
- Waring v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
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