Starr v. North Side Traction Co.

Supreme Court of Pennsylvania
Starr v. North Side Traction Co., 193 Pa. 536 (Pa. 1899)
44 A. 556; 1899 Pa. LEXIS 1160
Dean, Fell, Green, McCollum, Mitchell, Sterrett

Starr v. North Side Traction Co.

Opinion of the Court

Per Curiam,

This appeal is from the judgment of the court below refusing to take off the nonsuit ordered at the trial of the cause.

Our consideration of the evidence has satisfied us that there was no error in thus refusing to take off the compulsory nonsuit. The evidence relied on by the plaintiff was insufficient to justify the submission of her case to the jury.

For reasons given by the learned judge in his opinions ordering the nonsuit and afterwards refusing to take it off the judgment is affirmed.

Reference

Full Case Name
Sarah J. Starr v. The North Side Traction Company, Lessee of the Federal Street and Pleasant Valley Railroad and the Federal Street & Pleasant Valley Passenger Railway Company
Cited By
1 case
Status
Published
Syllabus
Street railways—Running oars over switch—Injury to property—Damages—Nonsuit. In an action against a street railway company to recover damages for cracks in the wall of a building, alleged to have been caused by the continuous bumping of cars over a switch, a nonsuit is properly entered where there is no evidence that the bumping of the cars was the real cause of the cracks in the house, and no evidence of any improper construction of the switch, or of negligence of the defendant.