Anderson v. Oliver

Citations

• 138 Pa. 156
• 20 A. 981
• 1890 Pa. LEXIS 1251

Syllabus

<p>[To be reported.]</p> <p>1. When no exception was taken to the refusal by the court below to take off a judgment of peremptory nonsuit entered, the testimony for the plaintiff cannot come before the Supreme Court, and the action of the court below in refusing the motion cannot be reviewed: Bondz v. Penna. Co., ante, 153.</p> <p>2. A direction that a paper be filed, makes it a part of the record only when the law declares that it shall become so upon such filing; wherefore, an order that the official stenographer file his notes of the trial, followed by their filing, will not supply the place of a bill of exceptions : Northumberland Co. Bank v. Eyer, 58 Pa. 97, distinguished.</p> <p>8. A laborer at a furnace, who, while unloading a railroad car in the course of his employment, was injured in consequence of a defective brake thereon, the car being owned by a railroad company and having been delivered by it at the furnace in the defective condition, cannot recover damages for such injury from his employer.</p>