Central District & Printing Telegraph Co. v. Otis Elevator Co.
Superior Court of Pennsylvania
Appeal, No. 130, April T., 1912, by plaintiff, from order of C. P, No. 3, Allegheny Co., May T., 1909, No. 46, refusing to take off non-suit in case of Central District & Printing Telegraph Company v. Otis Elevator Company. Trespass to recover damages for injuries to property. Before Evans, J. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Rice, P. J.,
In this action of trespass the plaintiff sued to recover damages for the destruction by fire of its cables and wires alleged to have been caused by the negligence of the defendant. The case comes before us by appeal by plaintiff from the court’s refusal to take off the judgment of compulsory nonsuit which was entered on the trial. The ground upon which the court based its decision was that the evidence was insufficient to warrant the jury in finding negligence on the part of the defendant. In testing the correctness of that conclusion, the plaintiff must be given the…
2Cases cited7 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- Schum v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
- Pittsburgh City v. GrierSupreme Court of Pennsylvania · 1853
- McCully v. Clarke & ThawSupreme Court of Pennsylvania · 1861
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3Cited by1 opinion
- Kelly v. Werner Co.Superior Court of Pennsylvania · 1918