Moses v. Northwestern Pennsylvania Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 67, Jan. T., 1917, by plaintiff, from order of C. P. Erie Co., Feb. T., 1915, ’ No. 77, refusing to take off nonsuit, in case of Teófila Moses v. Northwestern Pennsylvania Railway Company. Trespass to recover damages for the death of plaintiff’s husband. Before Rossiter, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off.
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Appeal, No. 67, Jan. T., 1917, by plaintiff, from order of C. P. Erie Co., Feb. T., 1915, ’ No. 77, refusing to take off nonsuit, in case of Teófila Moses v. Northwestern Pennsylvania Railway Company. Trespass to recover damages for the death of plaintiff’s husband. Before Rossiter, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off. Plaintiff appealed. was in refusing to take off the nonsuit. cited: Cress v. Braddock & Homestead St. Ry. Co., 14 Pa. Superior Ct. 87; Sheetz v. United Traction Co.,…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
There is a public highway extending in a southerly direction from Erie City, known as the “Edinboro Road.” Kearsarge is a hamlet located on this road about four miles south of the city. Defendant’s single track *539'suburban electric street railway is located in the west side of the highway, near the property line. John Wurst’s farm is situated on that side of the highway, and his farm buildings are about one-fourth of a mile north of Kearsarge. His driveway extends easterly along the south side of the buildings, and to reach the highway passes over the-railway by a…
2Cases cited18 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
- Bastian v. Baltimore & O. R.Court of Appeals for the Third Circuit · 1944
- Layman v. GearhartSupreme Court of Pennsylvania · 1957
- Beaumont v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1929
13 more not listed; retrieve them via the Exa API.