Abbotts Alderney Dairies v. Philadelphia Rapid Transit Co.

Citations

• 62 Pa. Super. 343
• 1916 Pa. Super. LEXIS 419

Syllabus

<p>Negligence — Refusal to permit plaintiff to develop case — Contributory negligence — Witness—N onsuit.</p> <p>Where in negligence ease for damages to a wagon, the plaintiff, the owner of the wagon, calls as his first witness, the driver, who was not a party to the case, and the driver’s testimony shows contributory negligence on his part, the trial judge commits reversible error if he refuses to permit the plaintiff to call other witnesses, and enters a nonsuit.</p> <p>The Act of March 11, 1876, P. L. 6, clearly implies that the plaintiff shall be first heard through his witnesses before a non-suit for lack of evidence is granted.</p>