Gundelsweiler v. H. W. Jayne Chemical Co.

Supreme Court of Pennsylvania

Gundelsweiler v. H. W. Jayne Chemical Co.

28 A. 946, 161 Pa. 23, 1894 Pa. LEXIS 623

CourtSupreme Court of Pennsylvania

DecidedApril 2, 1894

DocketAppeal, No. 189

StatusPublished

This text of 28 A. 946 (Gundelsweiler v. H. W. Jayne Chemical Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gundelsweiler v. H. W. Jayne Chemical Co., 28 A. 946, 161 Pa. 23, 1894 Pa. LEXIS 623 (Pa. 1894).

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Opinion

Pee Cueiam,

Conceding as we must that, on this appeal from refusal of the court below to take off the judgment of nonsuit, the plaintiff is entitled to the benefit of every fact and inference of fact which might be fairly found by a jury or drawn by them from the testimony adduced to sustain his claim, we are unable to discover anything in the evidence to justify a finding that the injury complained of resulted from any negligence of the defendant company.

Without reviewing the testimony relied on, it is sufficient to say that it is not such as any trial judge would be warranted [26]*26in submitting to a jury on tbe controlling question of defendant’s negligence as the cause of said injury; and hence there was no error in refusing to take off the nonsuit.

Judgment affirmed.

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Pee Cueiam,

Conceding as we must that, on this appeal from refusal of the court below to take off the judgment of nonsuit, the plaintiff is entitled to the benefit of every fact and inference of fact which might be fairly found by a jury or drawn by them from the testimony adduced to sustain his claim, we are unable to discover anything in the evidence to justify a finding that the injury complained of resulted from any negligence of the defendant company.

Without reviewing the testimony relied on, it is sufficient to say that it is not such as any trial judge would be warranted [26]*26in submitting to a jury on tbe controlling question of defendant’s negligence as the cause of said injury; and hence there was no error in refusing to take off the nonsuit.

Judgment affirmed.

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Bluebook (online)

28 A. 946, 161 Pa. 23, 1894 Pa. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gundelsweiler-v-h-w-jayne-chemical-co-pa-1894.