Legal Opinion

Lyons v. Peoples Savings Bank

Supreme Court of Pennsylvania

Decided January 3, 1916No. Appeal, No. 135PublishedCited by 2 opinions

Appeal, No. 135, Oct. T., 1915, by plaintiff, from final order of C. P. Allegheny Co., Jan. T:, 1913, No. 104, refusing to take off compulsory nonsuit in case of James H. Lyons y. Peoples Savings Bank. Trespass to recover damages for personal injuries. Before O’Conner, J., specially presiding. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed.

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Appeal, No. 135, Oct. T., 1915, by plaintiff, from final order of C. P. Allegheny Co., Jan. T:, 1913, No. 104, refusing to take off compulsory nonsuit in case of James H. Lyons y. Peoples Savings Bank. Trespass to recover damages for personal injuries. Before O’Conner, J., specially presiding. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff, an employee of defendant as night operator of a passenger elevator in an office building owned by defendant, was required to be ready for work at six o’clock each evening, and was engaged from that time until 6:30 the following morning. On the evening when the injuries for which he claims damages were sustained plaintiff entered the building five or ten minutes *571before six o’clock, and stepped into the car operated by the man whom he was to relieve, to be taken to the employees’ dressing room on the sixteenth floor. When the car stopped at the fourteenth…

2Cases cited5 opinions

  1. McNulty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
  2. Kilduff v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. O'Donnell v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1868
  4. Goehring v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1909
  5. Dugan v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1913

3Cited by2 opinions

  1. Donald L. Brown v. Thomas AnzaloneCourt of Appeals for the Third Circuit · 1962
  2. Knauss v. Gaines, Pennsylvania Court of Common Pleas, Lehigh County1970

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