Bondz v. Pennsylvania Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LAWRENCE COUNTY. No. 204 October Term 1890, Sup. Ct.; court below, No. 45 May Term 1886, C. P. On March 11, 1886, James Bondz brought case against the Pennsylvania Company, to recover damages for injuries to the plaintiff’s person and property, alleged to have been caused by negligence of the defendant company. The defendant’s plea was not guilty.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LAWRENCE COUNTY. No. 204 October Term 1890, Sup. Ct.; court below, No. 45 May Term 1886, C. P. On March 11, 1886, James Bondz brought case against the Pennsylvania Company, to recover damages for injuries to the plaintiff’s person and property, alleged to have been caused by negligence of the defendant company. The defendant’s plea was not guilty. At the second trial on November 28, 1888, the following facts were shown upon the part of the plaintiff: On the evening of March 2, 1886, about five o’clock, the plaintiff was passing along a…
1Opinion of the Court
OpimoN,
Mr. Chief Justice Paxson:
The plaintiff was nonsuited in the court below, and the only assignment of error is that the court erred in refusing to take off the nonsuit. Unfortunately for the plaintiff there was no exception to this refusal. This may seem unimportant, but in point of fact it is vital. The plain reason is, that without such exception the evidence is not and cannot come before us. Without the evidence, it is impossible for us to say whether the nonsuit was properly entered. The office of an exception, as we have repeatedly said, is to bring upon the record something which,…
2Cases cited2 opinions
- Miller v. HersheySupreme Court of Pennsylvania · 1868
- Tasker v. SheldonSupreme Court of Pennsylvania · 1887
3Cited by2 opinions
- Finch v. Conrade'sSupreme Court of Pennsylvania · 1893
- Harvey v. PollockSupreme Court of Pennsylvania · 1892