March v. Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 40, Jan. T., 1908, by plaintiff, from order of C. P. No. 3, Pkila. Co., Dec. T., 1901, No. 627, refusing to take off nonsuit in case of Osborne March v. Union Traction Company. Trespass to recover damages for personal injuries. Before McCarthy, J. The facts are stated in the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Pen Curiam,
About 8 o’clock P. M. on April 24, the plaintiff, by his own account came down Twentieth street, on the west side, driving a two-horse delivery wagon at a trot, and at the corner of Chestnut street collided with a car of the defendant company going east on Chestnut street. He testified that he looked but saw no car, and that he had his horses under control. But it is manifest that both statements cannot be true, for the collision occurred before his wagon reached the tracks, being struck “ between the horses’ rear and the seat of the wagon.” The car, according to the testimony, was…
2Cases cited2 opinions
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
3Cited by4 opinions
- Ehrlich v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1946
- Taylor v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
- McCartney v. Union Traction Co.Superior Court of Pennsylvania · 1905
- Walker v. Reading Transit & Light Co.Superior Court of Pennsylvania · 1928