Supreme Court of Pennsylvania, 1958

Byerley v. Elkins

Byerley v. Elkins
Supreme Court of Pennsylvania · Decided January 16, 1958 · Arnold, Bell, Chidsey, Cohen, Jones, Musmanno
391 Pa. 173; 137 A.2d 462; 1958 Pa. LEXIS 511

Byerley v. Elkins

Opinion of the Court

Opinion

Per Curiam,

The lower court refused to remove a nonsuit entered against the plaintiff in this action for the reason that he had failed to produce such evidence of the defendants’ negligence as would entitle him to submit his claim to a jury. A review of the facts and the applicable law would serve no useful purpose. Since we find no error in the determination made by the lower court the judgment is affirmed.

Judgment affirmed.

Mr. Justice Musmanno dissents.

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