Pennsylvania Superior Court Reports Volume 62

Pennsylvania Superior Court Reports Volume 62

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...witnesses, and enters a nonsuit. The Act of March 11, 1875, P. L. 6, clearly implies that the plaintifi shall be first heard through his witnesses before a nonsuit for lack of evidence is granted. Argued Nov. 24, 1915. Appeal, No. 174, Oct. T., 1915, by plaintiff, from order of Municipal Court, Philadelphia Co., March T., 1915, No. 551, refusing to take ofi nonsuit in case of Abbotts Alderney Dairies v. Philadelphia Rapid Transit Company. Before RICE, P. J., ORLADY, HEAD, Poarnn, HENDERSON, KEPHART and Tnnxnnn, J J. Reversed.. Trespass to recover damages to a horse and wagon. Before BONNIWELL, J. The opinion of the Superior Court states the case. Error assigned was refusal to take off nonsuit. Thos. Raeburn White, with him William J. Elliott, for appellant.--The court erred in refusing to allow the plaintiff to proceed with the examination of further wit Arguments--Opinion of the Court. 62 Pa. Superior Ct. nesses, after only one witness had been heard: Bastian v. Philadelphia, 180 Pa. 227; Adams v. Lehigh Valley Transit Co., 45 Superior Ct. 623; Cronmuller v. Evening Telegraph, 232 Pa. 14; Cohen v. P. & R. R. Co., 211 Pa. 227. Harry S. Ambler, Jr., for appellee. OPINION BY HEnnnnson, J., March 1, 1916: The plaintifl-"s action was trespass for a collision between one of the defendant's cars and a wagon used by the plaintiff in its business. At the trial the driver of the wagon was called as the first witness for the plaintiff. At the conclusion of his evidence which was given in a somewhat obscure manner a second witness, John Leverits, was called, whereupon the court said to the plaintiffs counsel: "What is the use, Mr. Elliott; on the testimony of your own witness, the driver, the case shows contributory more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236747690
  • 9781236747693