Black v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 315, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 5, Philadelphia Co., June T., 1907, No. 4834, refusing to take off nonsuit in case of Robert J. Black, by his next friend and father Robert Black, and Robert Black v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries.; Before Staake, J. The opinion of the Supreme Court states the case. The court entered a nonsuit which it subsequently refused to take off.
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Appeal, No. 315, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 5, Philadelphia Co., June T., 1907, No. 4834, refusing to take off nonsuit in case of Robert J. Black, by his next friend and father Robert Black, and Robert Black v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries.; Before Staake, J. The opinion of the Supreme Court states the case. The court entered a nonsuit which it subsequently refused to take off. Plaintiffs appealed. Error assigned was the action of the court in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The plaintiff was injured by running his bicycle into the side of a street car at the intersection of two main streets. He was riding east on Federal street, which is fifty feet wide, and the car was running south on Twenty-second street, which is sixty feet in width. When he reached the west house line of Twenty-second street, he saw the car sixty or eighty feet north of Federal street and he was twenty-seven feet from the nearest rail. He expected the car would stop before crossing Federal street and he intended to go in front of it. But before he reached…
2Cases cited2 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Cronmuller v. Evening TelegraphSupreme Court of Pennsylvania · 1911
3Cited by25 opinions
- Goater v. KlotzSupreme Court of Pennsylvania · 1924
- Stewart v. RaySupreme Court of Pennsylvania · 1950
- Parker v. Matheson Motor Car Co.Supreme Court of Pennsylvania · 1913
- Whitley v. Philadelphia Transportation Co.Superior Court of Pennsylvania · 1967
- Cox v. Wilkes-Barre Railway Corp.Supreme Court of Pennsylvania · 1940
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