135 A.2d 746
Supreme Court of Pennsylvania.October 1, 1957.
November 11, 1957.
Appeals — Review — Compulsory nonsuit — Contributory negligence.
Where it appeared that the trial court entered a compulsory nonsuit on the ground of the plaintiff’s contributory negligence as a matter of law, which the court in banc refused to remove, it was Held there was no error.
Before JONES, C. J., BELL, CHIDSEY, ARNOLD, JONES and COHEN, JJ.
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.
Trespass for personal injuries. Before SOFFEL, J.
Compulsory nonsuit entered; plaintiff’s motion to
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take off nonsuit refused and final judgment entered. Plaintiff appealed.
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.
OPINION PER CURIAM, November 11, 1957:
This appeal comes before us from the refusal of the Court of Common Pleas of Allegheny County, en banc, to remove a compulsory nonsuit entered by the trial judge. After the introduction of plaintiff’s evidence the trial judge entered the nonsuit 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 nonsuit.
Judgment affirmed.