Negligence — Supplier of chattels — Persons supplying chattels to be used for their business purposes — Common carrier — Defective equipment — Practice — Evidence — Insufficiency.
In this action of trespass for injuries sustained by plaintiff when the end gate of a gondola railroad car fell inward and struck his heel in which plaintiff failed to prove any defective condition of the end gate, the latches to hold it up or the railroad car, or the condition of the latches which held the gate up immediately before or immediately after the accident, and there was no evidence of what caused the end gate to fall, It was Held that the court below had properly refused to take off a compulsory nonsuit.
OPINION PER CURIAM, November 23, 1965:
Judgment affirmed on the opinion of Judge LAUB of the Court of Common Pleas of Erie County at 37 Pa. D. C.2d 643.