Kelly v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 259, Jan. T., 1919, by plaintiffs, from order of C. P. No. 5, Philadelphia Co., Dec. T., 1917, No. 2173, refusing to take off nonsuit in case of Vincent deP. Kelly by Ms father and next friend, Thomas W. Kelly, and Thomas W. Kelly in his own right, v. Pennsylvania Eailroad Company. Trespass to recover damages for personal injuries. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed.
Read the full summary
Appeal, No. 259, Jan. T., 1919, by plaintiffs, from order of C. P. No. 5, Philadelphia Co., Dec. T., 1917, No. 2173, refusing to take off nonsuit in case of Vincent deP. Kelly by Ms father and next friend, Thomas W. Kelly, and Thomas W. Kelly in his own right, v. Pennsylvania Eailroad Company. Trespass to recover damages for personal injuries. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Vincent deP. Kelly, a minor, by Ms father and next friend Thomas W. Kelly, and Thomas W. Kelly in his own right, sued the Pennsylvania Railroad to recover for injuries to Vincent. The trial judge entered a nonsuit which the court in banc refused to set aside, and this appeal followed.
Vincent was a private in the 109th United States Infantry, and was one of a squad detailed to patrol the bridge of the Pennsylvania Railroad Company crossing the Delaware river from Bridesburg, Pennsylvania, to Delair, New Jersey. The bridge was about sixty feet above the bank of the…
2Cases cited5 opinions
- Wagner v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Zandt v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1915
- Smith v. Standard Steel Car Co.Supreme Court of Pennsylvania · 1919
- Reed v. Pittsburgh, Cincinnati, Chicago, & St. Louis Railway Co.Supreme Court of Pennsylvania · 1914
- Shaffer v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1911
3Cited by2 opinions
- Central R. Co. of New Jersey v. De BusleyCourt of Appeals for the Third Circuit · 1919
- Degregorio v. MalloySupreme Court of Pennsylvania · 1946