Legal Opinion

Harper v. Philadelphia Rapid Transit Co.

Supreme Court of Pennsylvania

Decided May 22, 1917No. Appeal, No. 56PublishedCited by 5 opinions

Appeal, No. 56, Jan. T., 1917, by plaintiff, from order of C. P. No. 1, Philadelphia Co., June T., 1915, No. 2984, refusing to take off nonsuit, in case of Harry Harper, by his next friend and father, William Harper, and William Harper, in his own right, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Shoemaker, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 56, Jan. T., 1917, by plaintiff, from order of C. P. No. 1, Philadelphia Co., June T., 1915, No. 2984, refusing to take off nonsuit, in case of Harry Harper, by his next friend and father, William Harper, and William Harper, in his own right, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiffs appealed. was in refusing to take off the nonsuit. The evidence…

1Opinion of the Court

Opinion by

Me. Justice Walling,

This appeal is from an order refusing to set aside a compulsory nonsuit, granted in an action by a father and minor son for personal injuries to the son. There is a bridge about twenty-five feet in width in Second street, *285Philadelphia, which spans a creek below Tabor road. Defendant has a double track railway in that street, which crosses the bridge at grade and in fact occupies a large part of its surface, the tracks being parallel and that on the west side being south bound. The bridge is in a valley and the grade of the street descends toward it from both…

2Cases cited6 opinions

  1. Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
  2. Gordon v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1915
  3. Trumbower v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1912
  4. Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
  5. Commonwealth v. BoberSuperior Court of Pennsylvania · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hope v. Southern Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1921
  2. Nadazny v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
  3. Hastings v. Northampton Transit Co.Superior Court of Pennsylvania · 1930
  4. Roof v. Philadelphia Rapid Transit Co., Pennsylvania Court of Common Pleas, Philadelphia County1935
  5. Rosenfeld v. Coleman, Pennsylvania Court of Common Pleas, Northampton County1959

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