John v. Philadelphia

Citations

• 19 Pa. Super. 277
• 1902 Pa. Super. LEXIS 83

Syllabus

<p>Negligence — Joint tort feasors — Street railway — Municipalities.</p> <p>In an action brought jointly against a city and a street railway company to recover damages for personal injuries caused by a defect in a street, where the statement avers not merely the common neglect of a common duty, but a neglect by the city of the duty imposed upon it, and a nonsuit is entered in favor of the street railway company and the case proceeds to trial and judgment against the city, and it appears that no motion was made either by the plaintiff or the city to set aside the nonsuit entered in favor of the street railway, the judgment against the city will not be reversed.</p>