Weber v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 256, Jan. T., 1916, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1914, No. 3753, for defendant non obstante veredicto in case of Katharine Weber, Administratrix of the Estate of Franz Weber, Deceased, v. Philadelphia Rapid Transit Company. Trespass for death of plaintiff’s husband. Before Staples, P. J., specially presiding.
Read the full summary
Appeal, No. 256, Jan. T., 1916, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1914, No. 3753, for defendant non obstante veredicto in case of Katharine Weber, Administratrix of the Estate of Franz Weber, Deceased, v. Philadelphia Rapid Transit Company. Trespass for death of plaintiff’s husband. Before Staples, P. J., specially presiding. From the record it appeared that Franz Weber, the original plaintiff, was driving a two horse team attached to a brewery wagon east on Cambria street, in the City of Philadelphia. When he reached Forty-first street he started to…
1Opinion of the Court
Per Curiam,
While there is some difference in the recollection of the witnesses in this case as to the actual facts, they all agree that the collision occurred almost immediately after the deceased attempted to drive on the track, and the correct conclusion of the court below was that, if he had looked, as it was his duty to do, he would have seen the car running rapidly towards him, so close to where he was about to cross as to have made it contributory negligence on his part to attempt to take the risk. For this reason the judgment for the defendant non obstante veredicto is affirmed.
2Cited by7 opinions
- Kilpatrick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1927
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Patton v. GeorgeSupreme Court of Pennsylvania · 1925
- Barton v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1925
- Griffith v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
2 more not listed; retrieve them via the Exa API.