KALIN v. DELAWARE VALLEY TEL. CO.

No. 48.

63 Pa. D. & C. 2d 549 (1973)

Kalin v. Delaware Valley Telephone Company

Common Pleas Court of Pike County, Pennsylvania.

August 7, 1973.


Attorney(s) appearing for the Case

Waltjen, Kayton, Schneider & Davis, for plaintiff.

Walter W. O'Hara and Harold A. Thomson, for defendant.

Krawitz, Sigal & Ridley, for additional defendant.


WILLIAMS, P. J., August 7, 1973.

This matter is before the court en banc on a motion to remove a compulsory nonsuit. At the conclusion of plaintiff's proof as to liability, the trial judge sustained motions for a compulsory nonsuit entered by counsel for both the original and additional defendants, on the ground that plaintiff had failed to establish negligence on the part of either defendant.

A nonsuit may only be entered in a clear case. Plaintiff must be...

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