Keller v. Conestoga Traction Co.
Superior Court of Pennsylvania
Appeal, No. 6, Oct. T., 1910, by plaintiff, from order of C. P. Lancaster Co., Oct. T., 1907, No. 48, refusing to take off nonsuit in case of Jacob Keller v. The Conestoga Traction Company. Trespass to recover damages for the killing of a cow. Before Landis, P. J. The fapts are stated in the opinion of the Superior Court. Error assigned was order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s cow was killed by a car on the tracks of the defendant company. The evidence offered was so indefinite and uncertain that the court directed a compulsory nonsuit which it subsequently refused to lift.
Taking the testimony in its most favorable light, it is not possible to more than guess in regard to the cause of the accident.
The exact place is in doubt. The plaintiff’s principal witness stated that when the cow was struck, they had passed the built up portion of the town and had driven out into the country about one mile: two others testified that the…
2Cases cited4 opinions
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
- Hazel v. People's Pass. Ry. Co.Supreme Court of Pennsylvania · 1890
- Dunkle v. City Passenger Railway Co.Supreme Court of Pennsylvania · 1904
- Hanlon v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1905