Legal Opinion

Ake v. City of Pittsburgh

Supreme Court of Pennsylvania

Decided January 6, 1913No. Appeal, No. 106PublishedCited by 5 opinions

Appeal, No. 106, Oct. T., 1912, by defendant, from judgment of C. P. Allegheny County, Dec. T., 1908, No. 142, on verdict for plaintiff in case of Margaret Ake v. City of Pittsburgh. Trespass to recover damages for personal injuries causing the death of plaintiff’s husband. Before Davis, J. The opinion of the. Supreme Court states the facts.

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Appeal, No. 106, Oct. T., 1912, by defendant, from judgment of C. P. Allegheny County, Dec. T., 1908, No. 142, on verdict for plaintiff in case of Margaret Ake v. City of Pittsburgh. Trespass to recover damages for personal injuries causing the death of plaintiff’s husband. Before Davis, J. The opinion of the. Supreme Court states the facts. At the trial a witness produced on behalf of the defendant was asked the following questions: “Question: If a person was driving a one-horse heavy spring wagon down that street, if he was driving it properly, tell us whether or not he could drive safely…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

Margaret Ake brought an action of trespass against the City of Pittsburgh to recover damages for the death of her husband. On July 20, 1908, at about six o’clock in the evening, the latter was driving a one-horse “spring-wagon,” such as is commonly used in the huckstering business, in a northerly direction on Sycamore street (a public thoroughfare running from the top of Mt. Washington down to Carson street in the City of Pittsburgh); when he reached Vinecliff street his wagon was overturned and he was thrown beneath it and killed. At the point where the…

2Cases cited1 opinion

  1. Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891

3Cited by5 opinions

  1. Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
  2. Chambers v. Mesta Machine Co.Supreme Court of Pennsylvania · 1916
  3. Schuette v. SwankSupreme Court of Pennsylvania · 1920
  4. Carney Coal Co. v. BenedictWyoming Supreme Court · 1914
  5. Matlack v. PlumbSupreme Court of Pennsylvania · 1914

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