Hardy v. Lehigh Valley Railroad

Citations

• 240 Pa. 454
• 87 A. 781
• 1913 Pa. LEXIS 694

Syllabus

<p>Appeals — Assignments of error — Failure to set out judgment.</p> <p>1. Assignments of error merely averring that the trial judge erred in refusing to take off a nonsuit are insufficient; assignments of error are incomplete which fail to set out the order, decree or judgment from which the appeal is taken.</p> <p>Negligence — Master and servant — Contributory negligence — Nonsuit.</p> <p>2. A nonsuit was properly entered in an action to recover damages for the death of plaintiff’s husband, a ear repairer, employed by defendant company, where it appeared that for purposes of his own, unconnected with his employment, he had gone upon the tracks between certain freight cars in defendant’s yard; that.while there had received injuries causing his death, in consequence of the cars having been moved by a switch engine in the usual course of business, and that the servants of defendant company, who were in charge of the engine, had no knowledge of the decedent’s pres* ence at that place.</p>