Fitzsimmons v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeals, Nos. 42 and 43, Oct. Term, 1913, by defendant, from judgment of G. P. No. 1, Phila. Co., June T., 1909, No. 4,903, on verdict for plaintiffs in case of Catherine Fitzsimmons and Edward Fitzsimmons, her husband, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court.
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Appeals, Nos. 42 and 43, Oct. Term, 1913, by defendant, from judgment of G. P. No. 1, Phila. Co., June T., 1909, No. 4,903, on verdict for plaintiffs in case of Catherine Fitzsimmons and Edward Fitzsimmons, her husband, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for Catherine Fitzsimmons for $750, and for Edward Fitzsimmons for $175. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Oblad y, J.,
Catherine Fitzsimmons, one of the plaintiffs, and wife of the other, while on a public street with the intention of taking passage on one of the appellant’s street cars, on January 4, 1909, was suddenly struck on the head by an overhead electric trolley feed wire, which broke at its right-angled intersection with another street car line. The happening of the accident and the serious character of her injuries were not in dispute. The sole request for instruction by the appellant was that “under all the evidence in the case, the verdict should,be for the defendant,” which…
2Cases cited7 opinions
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Commonwealth v. HarmanSupreme Court of Pennsylvania · 1846
- Lanning v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Zercher v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1912
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3Cited by6 opinions
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- Dei v. StratigosSupreme Court of Pennsylvania · 1926
- Butler v. Del FaveroSuperior Court of Pennsylvania · 1934
- Livingstone v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1916
- Benz v. Heckman (Et Al.)Superior Court of Pennsylvania · 1938
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