Malpass v. Hestonville, Mantua & Fairmount Passenger Railroad

42 A. 291, 189 Pa. 599, 1899 Pa. LEXIS 701

Opinion

Per Curiam,

We find nothing in this record that would justify us in holding that the court below erred in refusing to take off the judgment of nonsuit. There is no evidence of negligence on the part of either of the defendant companies that required submission of the case to the jury. The plaintiff undertook to do what neither of them could reasonably be expected to anticipate, and they were not negligent in failing to provide against such an imprudent act.

Judgment affirmed.