Custer v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 119, Jan. T., 1902, by plaintiff, from judgment of Superior Court, Oct. T., 1901, No; 40, affirming order of C. P. Del. Co., March T., 1899, No. 193, in case of Isaac 'll. Custer v. Baltimore and Ohio Railroad Company. Appeal from Superior Court. The facts are stated in the opinion of the Supreme Court and in 19 Pa. Superior Ct. 365. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The trial court entered judgment of compulsory nonsuit in this case, and refused upon motion, to take it off. The Supe* rior Court affirmed the judgment of the trial court, and its action in so doing, is here assigned as error.
The appellant contends that he was entitled to have the jury pronounce upon the effect of the facts, which were undisputed, and that it, rather than the court should have determined whether the defendant was negligent. But as the conduct of the parties is not in dispute, and as all the facts appear clearly and distinctly in the evidence, and…
2Cases cited6 opinions
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Childs v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
- Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chicago, R. I. & P. Ry. Co. v. BartonSupreme Court of Oklahoma · 1916
- Ealy v. New York Central RailroadSupreme Court of Pennsylvania · 1938
- Herrera v. Southern Pacific Co.California Court of Appeal · 1957
- Kelly v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Johns v. Baltimore & Ohio Railroad CompanyDistrict Court, W.D. Pennsylvania · 1956
13 more not listed; retrieve them via the Exa API.