Cohen v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal, No. 334, Jan. T., 1904, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1901, No. 321, refusing to take off nonsuit in case of Sarah Cohen v. Philadelphia & Reading Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Biddle, P. J. From the record it appeared that the suit was begun by Jonas Cohen, and that upon his death his administratrix was substituted as party plaintiff.
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Appeal, No. 334, Jan. T., 1904, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1901, No. 321, refusing to take off nonsuit in case of Sarah Cohen v. Philadelphia & Reading Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Biddle, P. J. From the record it appeared that the suit was begun by Jonas Cohen, and that upon his death his administratrix was substituted as party plaintiff. The circumstances of the accident are set forth in the opinion of the Supreme Court. Error assigned was the order of the court refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
This is an action of trespass to recover damages by reason of the injury and death of Jonas Cohen, husband of plaintiff, alleged to have been caused by the negligent act of defendant. The learned trial judge granted a nonsuit which he refused to take off on motion made, and these rulings have been assigned for error.
A motion for a nonsuit admits all the facts which the jury might have fairly inferred from the -testimony: Maynes v. Atwater, 88 Pa. 496; Miller v. Bealer, 100 Pa. 583.
As applied to negligence cases, the'rule has been stated by this court to be that…
2Cases cited7 opinions
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- Pennsylvania Railroad v. WhiteSupreme Court of Pennsylvania · 1879
- Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
- Ayers v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1902
- Gray v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
- Frank v. CohenSupreme Court of Pennsylvania · 1926
- LeGrand v. Lincoln Lines, Inc.Superior Court of Pennsylvania · 1978
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Baker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1952
19 more not listed; retrieve them via the Exa API.