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FORCINAL v. PITTSBURGH RAILWAYS CO. (11/11/57)

THE SUPREME COURT OF PENNSYLVANIA


November 11, 1957

FORCINAL, APPELLANT,
v.
PITTSBURGH RAILWAYS CO.

Appeal, No. 166, March T., 1957, from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1954, No. 570, in case of Marcel Forcinal v. Pittsburgh Railways Company. Judgment affirmed.

COUNSEL

William I. Crosby, with him Henry E. Rea, Jr., John A. Metz, Jr. and Metz, Cook, Hanna & Kelly, for appellant.

Leo Daniels, with him James A. Geltz and Prichard, Lawler & Geltz, for appellee.

Before Jones, C.j., Bell, Chidsey, Arnold, Jones and Cohen, JJ.

[ 390 Pa. Page 422]

OPINION PER CURIAM

This appeal comes before us from the refusal of the Court of Common Pleas of Allegheny County, en banc, to remove a compulsory non-suit entered by the trial judge. After the introduction of plaintiff's evidence the trial judge entered the non-suit because she found the plaintiff guilty of contributory negligence as a matter of law.

No useful purpose would be served by a detailed recital of the facts presented herein. After a complete review of the record we find no error in the determination of the trial judge or the refusal of the court en banc to remove the non-suit.

Disposition

Judgment affirmed.

19571111

© 1998 VersusLaw Inc.



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