Bastian v. City of Philadelphia

Citations

• 180 Pa. 227
• 36 A. 746
• 1897 Pa. LEXIS 909

Syllabus

<p>Practice, G. P. — Trial—Nonsuit—Evidence.</p> <p>In its legal effect, a compulsory nonsuit is substantially the same as a demurrer to the evidence, except that the trial judge cannot give judgment for the defendant. It thus impliedly admits all the facts which the jury might have inferred from the testimony. If there be any evidence beyond a mere scintilla, however slight, from which the jury may draw an inference favorable to the plaintiff, the case should be submitted; and, if it inadvertently happens to be withdrawn from the jury by judgment of non-suit, the latter should be taken off by the trial court.</p> <p>Road law — Damages—Nonsuit.</p> <p>On the trial of an appeal from the report of a jury of view, it is error to enter a nonsuit where the evidence for the plaintiff shows that the city, in opening a street, injured plaintiff’s crops outside of the street lines, although the plaintiff had planted his crops both within and without the lines of the street after the city had filed its bond.</p>