Roberts v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 52, Oct. T., 1912, by plaintiff, from order of O. P. No. 3, Allegheny County, May T., 1908, No. 166, refusing to take off nonsuit in case of David Roberts v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries before Kennedy, P. 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. 52, Oct. T., 1912, by plaintiff, from order of O. P. No. 3, Allegheny County, May T., 1908, No. 166, refusing to take off nonsuit in case of David Roberts v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries before Kennedy, P. 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, among others, was the order of the court in refusing to take off the nonsuit. — Whether the plaintiff was guilty of contributory negligence was for the jury, in…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was an action brought by a passenger against a carrier to recover damages for injuries which he alleges he sustained by reason of the premature moving of a train at his destination before he had a reasonable time to alight. On the trial of the cause, the plaintiff having closed his testimony, the court granted a nonsuit which it subsequently refused to take off, and the plaintiff has appealed.
The nonsuit was granted on the ground of the contributory negligence of the plaintiff. The facts of the case, as stated by the learned judge, are substantially as…
2Cases cited2 opinions
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1858
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1861
3Cited by1 opinion
- Seltzer v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1918