Husvar v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1910, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1907, No. 1,075, entered n. o. v. for defendant in case of James C. Husvar v. The Delaware, Lackawanna & Western Railroad Company. Trespass for personal injuries. Before Heydt, P. J., specially presiding. The facts appear in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion bt
Mr. Justice Stewart,
This was not a case calling for the application of the rule res ipsa loquitur. When the plaintiff rested he had simply shown an unexplained accident. Had a nonsuit been then ordered, plaintiff would have had no ground to complain. But the case proceeded, and the defendant company assumed the unrequired burden of acquitting itself of negligence in connection with the accident, by attempting to show that the plaintiff’s own negligence was the sole producing cause. The result on submission to the jury was a verdict for the plaintiff, which on motion was set aside…
2Cited by7 opinions
- Silberstein v. Showell, Fryer & Co.Supreme Court of Pennsylvania · 1920
- Hrivnak v. PerroneSupreme Court of Pennsylvania · 1977
- Devlin v. PiechoskiSupreme Court of Pennsylvania · 1955
- Husvar v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1912
- Hagos v. Reading Transit & Light Co.Superior Court of Pennsylvania · 1917
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