Callary v. Easton Transit Co.

Citations

• 185 Pa. 176
• 39 A. 813
• 1898 Pa. LEXIS 689

Syllabus

<p>Negligence — Street railway — Nonsuit.</p> <p>In an action against a street railway company to recover damages for-the death of a child six years old, a nonsuit is properly entered where the-undisputed testimony on the part of the plaintiff establishes beyond all. question that the death of the child was caused by his suddenly darting upon the track immediately in front of the approaching car, and that it was not possible to stop the car in time to prevent a collision.</p> <p>Evidence — Gross-examination — Party without interest — Gross-examination of motorman in negligence case.</p> <p>In an action against a street railway company to recover damages-for death, the motorman who ran the car of the defendant company-which caused the death cannot be compelled to testify as if under cross-examination by the plaintiff, inasmuch as he is neither a party nor a person having legal interest in the pending suit.</p>