Johnston v. Youghiogheny River Coal Co.

Supreme Court of Pennsylvania

Johnston v. Youghiogheny River Coal Co.

39 A. 10, 183 Pa. 623, 1898 Pa. LEXIS 1086

CourtSupreme Court of Pennsylvania

DecidedJanuary 3, 1898

DocketAppeal, No. 151

StatusPublished

This text of 39 A. 10 (Johnston v. Youghiogheny River Coal 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

Johnston v. Youghiogheny River Coal Co., 39 A. 10, 183 Pa. 623, 1898 Pa. LEXIS 1086 (Pa. 1898).

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Opinion

Pee Curiam,

The only question presented by tins record is whether the court below erred in “ denying plaintiff’s motion to take off the judgment of compulsory nonsuit.”

Our examination of the testimony has led us to the conclusion that the sudden and much to be lamented death of plaintiff’s son was accidental, and — so far as the evidence tends to show — not the result of any negligence on the part of the defendant company. The right to recover depended, not upon the dangerous character of the machinery or appliances used by the company in the prosecution of its business, but whether, in the construction or operation of the same, it was guilty of any negligence which was the proximate cause of the young man’s death. We find nothing in the testimony that would have justified the court in submitting any such question as that to the jury, and hence there was no error in refusing to take off the nonsuit.

Judgment affirmed.

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Pee Curiam,

The only question presented by tins record is whether the court below erred in “ denying plaintiff’s motion to take off the judgment of compulsory nonsuit.”

Our examination of the testimony has led us to the conclusion that the sudden and much to be lamented death of plaintiff’s son was accidental, and — so far as the evidence tends to show — not the result of any negligence on the part of the defendant company. The right to recover depended, not upon the dangerous character of the machinery or appliances used by the company in the prosecution of its business, but whether, in the construction or operation of the same, it was guilty of any negligence which was the proximate cause of the young man’s death. We find nothing in the testimony that would have justified the court in submitting any such question as that to the jury, and hence there was no error in refusing to take off the nonsuit.

Judgment affirmed.

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Bluebook (online)

39 A. 10, 183 Pa. 623, 1898 Pa. LEXIS 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-youghiogheny-river-coal-co-pa-1898.