Smith v. Electric Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 449, Jan. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1895, No. 597, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Before Beitler, J. The facts appear by the opinion of the Supreme Court. The trial court entered a compulsory nonsuit and refused to take it off. Error assigned was refusal to take off nonsuit.
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Appeal, No. 449, Jan. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1895, No. 597, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Before Beitler, J. The facts appear by the opinion of the Supreme Court. The trial court entered a compulsory nonsuit and refused to take it off. Error assigned was refusal to take off nonsuit. The case was for the jury: Frame v. Electric Traction Co., 180 Pa. 49; Thompson v. Traction Co., 180 Pa. 114; Jackson v. Traction Co., 159 Pa. 899 ; Kline v. Traction Co.; 181 Pa. 276; Davidson v, Traction Co., 4…
1Opinion of the Court
Opinion by
Me. Justice Fell,
There is no foundation for the claim made on. behalf of the appellant that this case is governed by Callahan v. Traction Co., 184 Pa. 425. The accident in that case happened in the daytime at the intersection of a comparatively narrow street in the business centre of the city, and at a crossing where, because of the constant use of one of the streets by vehicles, it was the duty of the motorman to exercise unusual vigilance and care. The plaintiff brought his horse nearly to a stop when the front wheels of his wagon were on the foot crossing, and he looked for a…
2Cases cited6 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Carson v. Federal Street & Pleasant Valley Ry. Co.Supreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Fenner v. Wilkes-Barre & Wyoming Valley Traction Co.Supreme Court of Pennsylvania · 1902
- Mease v. United Traction Co.Supreme Court of Pennsylvania · 1904
14 more not listed; retrieve them via the Exa API.