Harvey v. Erie Railroad Co.

• Decision Date: 31 December 1904
• Citation: 210 Pa. 97
• Parties: Harvey, Appellant <I>v.</I> Erie Railroad Company.
• Court: Pennsylvania Supreme Court

210 Pa. 97

Harvey, Appellant

v. Erie Railroad Company.

Supreme Court of Pennsylvania.

October 3, 1904.

December 31, 1904.

Argued Oct. 3, 1904.

Appeal, No. 3, Oct. T., 1903, by plaintiff, from order of C. P. Venango Co., Jan. T., 1903, No. 39, refusing to take off nonsuit in case of Thomas B. Harvey v. Erie Railroad Company.

Before MITCHELL, C. J., DEAN, FELL, BROWN, MESTREZAT, POTTER and THOMPSON, JJ. Affirmed.

OPINION BY MR. JUSTICE FELL, December 31, 1904:

The appellant in this case is the father of the appellant in Harvey v. Railroad Co., 210 Pa. 95, and the cause of action is the same in each case. For the reasons stated in that opinion the judgment is affirmed.