Hardy v. Lehigh Valley Railroad
Hardy v. Lehigh Valley Railroad
Opinion of the Court
Opinion by
The assignments of error in this case are clearly insufficient. The first assignment merely avers that the trial judge erred in entering a nonsuit, and the second simply contains the general averment that it was error to refuse to take it off. We have repeatedly said that assignments in this form are insufficient under our rules and decisions. An appeal is from an order, or decree, or judgment*, some definite action of the lower court; and the assignments of error are incomplete
But aside from the insufficiency of the assignments of error, we have examined with care the whole record for the purpose of determining whether upon the merits the case was properly decided. We have reached the conclusion that the learned trial judge was fully warranted in directing the judgment of nonsuit to be entered. We cannot, see that the defendant company did anything it should not have done, or failed to do anything it should have done, under the circumstances of this case. The learned trial judge very carefully and clearly reviewed the testimony and presented the reasons for taking the case from the jury. We concur in the reasons given and affirm the conclusion reached in the court below.
Judgment affirmed.
Reference
- Full Case Name
- Hardy v. Lehigh Valley Railroad Company
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- 4 cases
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- Syllabus
- Appeals — Assignments of error — Failure to set out judgment. 1. Assignments of error merely averring that the trial judge erred in refusing to take off a nonsuit are insufficient; assignments of error are incomplete which fail to set out the order, decree or judgment from which the appeal is taken. Negligence — Master and servant — Contributory negligence — Nonsuit. 2. A nonsuit was properly entered in an action to recover damages for the death of plaintiff’s husband, a ear repairer, employed by defendant company, where it appeared that for purposes of his own, unconnected with his employment, he had gone upon the tracks between certain freight cars in defendant’s yard; that.while there had received injuries causing his death, in consequence of the cars having been moved by a switch engine in the usual course of business, and that the servants of defendant company, who were in charge of the engine, had no knowledge of the decedent’s pres* ence at that place.