Erbe v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 152, Jan. T., 1916, by plaintiff, from final order of C. P. No'. 4, Philadelphia Co., Sept. T., 1912, No. 1072, refusing to take off nonsuit in case of Louis Erbe v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s wife. Before Carr, 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.
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Appeal, No. 152, Jan. T., 1916, by plaintiff, from final order of C. P. No'. 4, Philadelphia Co., Sept. T., 1912, No. 1072, refusing to take off nonsuit in case of Louis Erbe v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s wife. Before Carr, 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. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This was an action to recover damages for the death of plaintiff’s wife, alleged to have been caused by her being run down by one of defendant’s cars, at the intersection of Old York Road and Courtland street, in the *569City of Philadelphia. From the order refusing to take off a nonsuit, plaintiff appealed.
Defendant operates a street railway through a suburban section of the city over a double line of tracks laid in the middle of Old York Eoad. Its tracks cross Court-land street which is open on the west side of Old York Eoad, but not cut through to the eastward. At…
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