Cunningham v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 314, Jan. T., 1912, by plaintiff, from judgment of Ci P. No. 5, Philadelphia Co., June T., 1907, No. 3556, refusing to take off nonsuit in ease of Hugh F. Cunningham v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Staake, J. The opinion of the Supreme Court states the facts. The court entered a nonsuit which it subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 314, Jan. T., 1912, by plaintiff, from judgment of Ci P. No. 5, Philadelphia Co., June T., 1907, No. 3556, refusing to take off nonsuit in ease of Hugh F. Cunningham v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Staake, J. The opinion of the Supreme Court states the facts. The court entered a nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was the refusal to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this action the plaintiff sought to recover damages for injuries resulting from the alleged negligence of the defendant. At the trial upon the close of the testimony offered in behalf of the plaintiff, judgment of compulsory nonsuit was entered, for the reason as stated by the trial judge, that the evidence of the contributory negligence of the plaintiff was clear and overwhelming. From the refusal of the court below to take off the judgment plaintiff has appealed. The case was carefully tried,, and the *196opinion filed by tbe trial judge in entering the nonsuit,…
2Cases cited1 opinion
- Crooks v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1907
3Cited by13 opinions
- Murphy v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1925
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Patton v. GeorgeSupreme Court of Pennsylvania · 1925
- Shields v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1918
- Bisaillon v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1924
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