Sloan v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1908, by plaintiff, from order of C. P. No. 2 Phila. Co., Sept. T., 1906, No. 5,020, refusing to take off nonsuit in case of John J. Sloan v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Barratt, J. The opinion of the Supreme Court states the case. 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
Per Curiam,
The plaintiff testified that on approaching the track he stopped and his view being partially obstructed in one direction he got out of his carriage walked forward to the track, looked north and south, and saw the track perfectly clear. He then went back, got into the carriage and drove forward, looking and listening as he did so. Having thus affirmatively made out a case by testimony which if believed showed it clear of contributory negligence, whether it was rebutted or not by other testimony was for the jury. Even if subsequent portions of plaintiff’s own testimony were at…
2Cited by4 opinions
- Wilson v. KallenbachSupreme Court of Pennsylvania · 1938
- Zenzil v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Bisaillon v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1924
- Sloan v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911