Bruggeman v. City of York
Supreme Court of Pennsylvania
Appeal, No. 365, Jan. T., 1915, by plaintiffs, from judgment of C. P. York Co., August T., 1914, No. 124, refusing to take off compulsory non-suit in case of John Bruggeman and Mary Ellen Bruggeman v. City of York. Trespass to recover damages for death of plaintiff’s son. Before Ross, J. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed.
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Appeal, No. 365, Jan. T., 1915, by plaintiffs, from judgment of C. P. York Co., August T., 1914, No. 124, refusing to take off compulsory non-suit in case of John Bruggeman and Mary Ellen Bruggeman v. City of York. Trespass to recover damages for death of plaintiff’s son. Before Ross, J. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed. Error assigned, among others, was in refusing to take off compulsory nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiffs sued to recover damages from the City of *433York for the death of their nine-year-old son alleged to have been due to disease contracted from a stagnant pool of water the municipality permitted to collect and remain on the street in front of plaintiffs’ residence. A nonsuit was entered by the court below on the ground of insufficiency of proof to show that death was caused by the alleged negligence of defendant, which the court subsequently refused to take off. The assignments of error raise the question of the correctness of this ruling and also the…
2Cases cited5 opinions
- Fitzpatrick v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Gosser v. Ohio Valley Water Co.Supreme Court of Pennsylvania · 1914
- Hicks v. Harbison-Walker Co.Supreme Court of Pennsylvania · 1905
- Temme v. SchmidtSupreme Court of Pennsylvania · 1904
- Powell v. DericksonSupreme Court of Pennsylvania · 1897
3Cited by26 opinions
- Gausman v. R. T. Pearson Co.Supreme Court of Pennsylvania · 1925
- Kline v. KachmarSupreme Court of Pennsylvania · 1948
- Frye v. City of DetroitMichigan Supreme Court · 1932
- Liguori v. PhiladelphiaSupreme Court of Pennsylvania · 1944
- Hunter v. PopeSupreme Court of Pennsylvania · 1927
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