Boiakosky v. Philadelphia & R. Ry. Co.

Citations

• 126 F. 230
• 1903 U.S. App. LEXIS 5161

Syllabus

<p>1. Nonsuit — Failure to Prove — Surprise—New Trial.</p> <p>Where, in an action for injuries in the operation of a street railway, plaintiff was nonsuited for failure to prove that defendant controlled or operated the railway, a hew trial will not be granted on the ground that plaintiff’s counsel was surprised by the defense of defendant’s want of control, on a statement of plaintiff’s counsel only that he believed he would be able to produce such evidence on a new trial, as against the positive assertion of defendant’s counsel that no such evidence existed.</p>