Thomas v. Southern Pennsylvania Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 107, Jan. T., 1921, by plaintiffs, from order of C. P. Delaware Co., March T., 1916, No. 485, refusing to take off nonsuit, in case of Frank Thomas et ux. v. Southern Pennsylvania Traction Co. Trespass for death of plaintiff’s son, a boy eight years of age. Before Hause, J., specially presiding. The opinion of the Supreme Court states the facts. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed.
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Appeal, No. 107, Jan. T., 1921, by plaintiffs, from order of C. P. Delaware Co., March T., 1916, No. 485, refusing to take off nonsuit, in case of Frank Thomas et ux. v. Southern Pennsylvania Traction Co. Trespass for death of plaintiff’s son, a boy eight years of age. Before Hause, J., specially presiding. The opinion of the Supreme Court states the facts. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed. Error assigned was refusal to take off nonsuit, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This suit is for the death of plaintiffs’ minor son. Defendant has a single track electric railway along the center of Third Street in the city of Chester. The street is paved and in use for general traffic by automobiles and other vehicles. On the evening of May 28, 1915, plaintiffs’ son, Gerald Thomas; eight years of age, jumped upon the rear step on the blind side of one of defendant’s cars, to have a free ride, and supported himself by grasping the iron gate which separated the step from *148the platform. While the car was in motion, the conductor struck the gate…
2Cases cited10 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Brennan v. Merchant & Co.Supreme Court of Pennsylvania · 1903
- Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
- S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887
- Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
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3Cited by10 opinions
- Mellon Et Ux. v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1924
- Slother v. JaffeSupreme Court of Pennsylvania · 1947
- Perrin v. Glassport Lumber Co.Supreme Court of Pennsylvania · 1923
- Smith v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1925
- Brzyski v. SchreiberSupreme Court of Pennsylvania · 1934
5 more not listed; retrieve them via the Exa API.