Wasser v. Northampton County
Supreme Court of Pennsylvania
Appeals, Nos. 347 and 348, Jan. T., 1914, by plaintiff, from judgment of C. P. Northampton Co., Nov. T., 1912, Nos. 43 and 44, refusing to take off nonsuit, in case of Mary S. Wasser v. County of Northampton. Trespass for death of plaintiff’s husband and son. Before Stewart, J. The facts appear by the opinion of the Supreme Court. The court entered a nonsuit, which it subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
At the trial in the court below a compulsory nonsuit was entered in the above numbered cases, and appellant now complains because the learned trial judge overruled the motion to take them off. The accident resulted by reason of an automobile, driven at a speed of from twenty to twenty-five.miles per hour, running through a guard rail and over an embankment into the-canal. That the guard was erected at the proper place is not denied, and the evidence amounts to a demonstration that the accident happened not by reason of any defect in the guard rail, but because the…
2Cases cited6 opinions
- Hey v. PhiladelphiaSupreme Court of Pennsylvania · 1876
- Township of Jackson v. WagnerSupreme Court of Pennsylvania · 1889
- Coulter v. Pine TownshipSupreme Court of Pennsylvania · 1894
- Smith v. Muncy Creek TownshipSupreme Court of Pennsylvania · 1903
- Clulow v. McClellandSupreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Dallas v. MaxwellTexas Commission of Appeals · 1923
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Camp v. Allegheny CountySupreme Court of Pennsylvania · 1919
- Clark v. Allegheny CountySupreme Court of Pennsylvania · 1918
- Evans v. PattersonSupreme Court of Alabama · 1959
6 more not listed; retrieve them via the Exa API.