Opinion
October 6, 1938.
November 18, 1938.
Smith v. Pittsburgh Railways Co., 314 Pa. 541, followed.
Appeal, No. 201, Oct. T., 1938, from judgment of M.C. Phila. Co., August T., 1937, No. 490, in case of Harry E. Wagenseller et ux. v. Philadelphia Rapid Transit Company.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and RHODES, JJ. Judgment affirmed.
Trespass for personal injuries. Before KNOWLES, J.
Compulsory nonsuit entered. Motion to take it off refused. Plaintiffs appealed.
Error assigned was refusal to take off nonsuit.
A.E. Hurshman, for appellant.
Jay B. Leopold, with him Bernard J. O'Connell, for appellee.
Argued October 6, 1938.
The judgment of the court below refusing to set aside the compulsory nonsuit entered on the trial of the above case is affirmed on the authority of Smith v. Pittsburgh Railways Co., 314: Pa. 541, 171 A. 879, and the cases cited in the opinion of Mr. Justice DREW therein.
Judgment affirmed.