Dean v. Delaware, Lackawanna & Western Railroad

Citations

• 50 Pa. Super. 284
• 1912 Pa. Super. LEXIS 43

Syllabus

<p>Appeals — Assignments of error — Failure to print essential part of record — Motion to quash — Nonsuit.</p> <p>1. An assignment of error to the action of the court below in overruling plaintiff’s motion to strike off an appeal from a judgment of a justice of the peace, will not be considered where the appellant has failed to print in his paper-book an exact copy of the petition which the docket entries show was the foundation of the rule to strike off the appeal. This is a substantial defect which is not rendered harmless by the recital in the opinion of the court of its version of the reasons alleged in support of the rule, or the recital in the assignment of error, of counsel’s version of them.</p> <p>2. Error is not assignable to the entry of a judgment of nonsuit under the Act of March 11, 1875, P. L. 6.</p> <p>3. An assignment of error to the refusal of a motion to take off a compulsory nonsuit, will be considered, although there is irregularly included in the motion, as one of the reasons therefor, the rejection of certain offers of evidence. The rejection of the evidence, however, will not be considered, unless it is separately assigned as error.</p> <p>Common carriers — Proof of loss — Presumption—Delivery—Evidence.</p> <p>4. A prima facie case of negligence of a common carrier, or of a breach of contract of the carriage is not made out by mere proof of delivery to the carrier. Loss or injury must be shown.</p>