Scanlon v. Suter

Citations

• 158 Pa. 275
• 27 A. 963
• 1893 Pa. LEXIS 1577

Syllabus

<p>Practice, 8. 0. — Assignment of error — Nonsuit.</p> <p>Error does not lie either to entry or refusal to enter a judgment of non-suit, but only to the refusal of the court to set aside such judgment. Such refusal is in the nature of a demurrer to evidence, and hence it is necessary to bring the testimony on the record by a bill of exceptions.</p> <p>Master and servant — Violence outside line of duty.</p> <p>In an action against the proprietor of a ferry to recover damages for the death of plaintiff’s husband, it is proper to enter a nonsuit, where the testimony shows that deceased came to his death as the result of a quarrel with the ferryman employed by defendant, and that the death was either an accident or the result of unlawful violence on.the part of the ferryman, outside of the line of his duty, and committed without the authority or consent of defendant.</p>