Davis v. Edmondson
Supreme Court of Pennsylvania
Appeal, No. 35, Jan. T., 1918, by plaintiff, from judgment of C. P. Montour Co., June T., 1917, No. 15, entered for want of a sufficient statement of claim in case of William Elwood Davis v. George D. Edmondson. Trespass for personal injuries. The facts appear from the following opinion by Evans, P. J.: The affidavit of defense in this case is practically a demurrer to the plaintiff’s statement — that the statement does not set forth a cause of action against the defendant.
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Appeal, No. 35, Jan. T., 1918, by plaintiff, from judgment of C. P. Montour Co., June T., 1917, No. 15, entered for want of a sufficient statement of claim in case of William Elwood Davis v. George D. Edmondson. Trespass for personal injuries. The facts appear from the following opinion by Evans, P. J.: The affidavit of defense in this case is practically a demurrer to the plaintiff’s statement — that the statement does not set forth a cause of action against the defendant. Therefore every material allegation of fact stated therein must be regarded as true for the purpose of determining the…
1Opinion of the Court
Per Curiam,
The correct conclusion of the learned court below was that it clearly appears from plaintiff’s statement of his cause of action that the injuries he sustained were due to his carelessness or negligence, and the judgment, which was properly entered under the Act of May 14,1915, P. L. 488, is affirmed.
2Cited by24 opinions
- Dively v. Penn-Pittsburgh Corp.Supreme Court of Pennsylvania · 1938
- Vetter v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1935
- Murphy v. Bernheim & Sons, Inc.Supreme Court of Pennsylvania · 1937
- Just v. Sons of Italy HallSuperior Court of Pennsylvania · 1976
- Roessler v. O'BrienSupreme Court of Colorado · 1949
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