Smith v. Blachley
Supreme Court of Pennsylvania
Appeal, No. 30, Oct. T., 1898, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Feb. T., 1896, No. 18, refusing to take off nonsuit. Assumpsit to recover money had and received. Before McClung, J. After plaintiff’s evidence was all in the trial court entered a compulsory nonsuit which it refused to take off. The facts appear by the opinion of the Supreme Court. Error assigned was the order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Blachley, the defendant, a physician, practised his profession in the years 1888 and 1889 in Morris township, Washington county. In the adjoining township lived Joseph Beabout, farmer, his wife and daughter Alice, the latter a single woman; also, John McCullough, farmer, his wife and son. Blachley was at times called in as a physician to both families where they lived in the country, about three miles apart, while the physician’s office was about five miles from both. In February, 1887, Blachley was called in to attend Alice, the daughter of Beabout, in an illness…
2Cited by18 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Peyton v. MargiottiSupreme Court of Pennsylvania · 1959
- Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
- Fidelity-Philadelphia Trust Co. v. SimpsonSupreme Court of Pennsylvania · 1928
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