Legal Opinion

Stahl v. Sollenberger

Supreme Court of Pennsylvania

Decided October 5, 1914No. Appeal, No. 2PublishedCited by 9 opinions

Appeal, No. 2, May T., 1914, by plaintiff, from judgment of C. P. Dauphin Co., Sept. T., 1910, No. 544, refusing to take off nonsuit in case of Esther Stahl v. D. S. Sollenberger. Trespass to recover damages for the death of plaintiff’s minor son. Before McCarrbll, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off.

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Appeal, No. 2, May T., 1914, by plaintiff, from judgment of C. P. Dauphin Co., Sept. T., 1910, No. 544, refusing to take off nonsuit in case of Esther Stahl v. D. S. Sollenberger. Trespass to recover damages for the death of plaintiff’s minor son. Before McCarrbll, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court in banc 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 Potter,

This is an appeal from the refusal of the court below, to take off a judgment of compulsory nonsuit. The *526plaintiff sought to recover damages for the death of her minor son, alleged to have been the result of the negligence of the defendant. The testimony as to the actions of the boy at the precise time, of the happening of the accident, or immediately before, is rather meagre; but it appears that the boy was struck by the automobile of the defendant, while in the roadway of the Mulberry street bridge or viaduct in Harrisburg. The driveway for vehicles is in the…

2Cited by9 opinions

  1. Purdy v. HazeltineSupreme Court of Pennsylvania · 1936
  2. Dugan v. McGara's Inc.Supreme Court of Pennsylvania · 1942
  3. Derr v. RichSupreme Court of Pennsylvania · 1938
  4. Sorsby v. BenninghovenOregon Supreme Court · 1916
  5. Kalsow v. GrobNorth Dakota Supreme Court · 1931

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