Penman v. McKeesport, Duquesne & Wilmerding Railway
Supreme Court of Pennsylvania
Penman v. McKeesport, Duquesne & Wilmerding Railway, 201 Pa. 247 (Pa. 1902)
50 A. 973; 1902 Pa. LEXIS 815
Beown, Ctteiam, Dean, Fell, McCollum, Mesteezat, Mitchell, Potteb
Penman v. McKeesport, Duquesne & Wilmerding Railway
Opinion of the Court
The learned court below directed a judgment of compulsory nonsuit and refused to take off the same. The direction was based on contributory negligence of the plaintiff which appears to be in accord with Gilmartin v. Lackawanna Valley Rapid Transit Co., 186 Pa. 193, and Warner v. Peoples’ St. Railway Company, 141 Pa. 615. The testimony in the case clearly showed the negligence of the plaintiff and fully justified the action of the court in directing the nonsuit and refusing to set it aside. The opinion prepared and filed by Judge Kennedy furnished a satisfactory explanation and justification of his refusal to reinstate the plaintiff when it was apparent that he had no cause of action.
Judgment of nonsuit affirmed.
Reference
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Negligence—Street railways—Contributory negligence—Nonsuit. In an action against a street railway company to recover damages for personal injuries, a nonsuit is properly entered where it appears that the plaintiff while walking at night on the south track of the railway, was struck by a car coming from behind him; that the north track was laid close to a wall; that the portion of the street between the tracks, and also that portion adjacent to the wall was unpaved; that the portion of the street from the south track to the south curb was paved, but was in a muddy condition; that the plaintiff walked upon the south track to avoid the mud; that the locality was well lighted, and that the plaintiff was familiar with it.