Jester v. Philadelphia, Baltimore & Washington R. R.
Supreme Court of Pennsylvania
Appeal, No. 18, Jan. T., 1920, by plaintiff, from order of C. P. No. 2, Phila. Co., March T., 1916, No. 2802, refusing to take off nonsuit, in case of James Jester v. Philadelphia, Baltimore & Washington Railroad Company. Trespass for personal injuries and for injuries to automobile. Before Rogers, J. The facts are stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off.
Read the full summary
Appeal, No. 18, Jan. T., 1920, by plaintiff, from order of C. P. No. 2, Phila. Co., March T., 1916, No. 2802, refusing to take off nonsuit, in case of James Jester v. Philadelphia, Baltimore & Washington Railroad Company. Trespass for personal injuries and for injuries to automobile. Before Rogers, J. The facts are stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This is an appeal from an order refusing to take off a compulsory nonsuit. Appellant was injured and his automobile destroyed in attempting to pass over the appellee’s tracks, where they intersected Second street, in the Borough of Fernwood. The approach to the tracks is up a slight incline. The court below believed appellant was guilty of contributory negligence in committing his car to the crossing when he had a clear view of the track for a distance sufficient to enable him to avoid •the injury.
We have carefully examined the testimony; it presents a very close…
2Cases cited4 opinions
- Virgilio v. WalkerSupreme Court of Pennsylvania · 1916
- Shaffer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Walsh v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Thorne v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1912
3Cited by17 opinions
- Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
- Frank v. CohenSupreme Court of Pennsylvania · 1926
- Stinson v. SmithSupreme Court of Pennsylvania · 1937
- Todd v. NestaSupreme Court of Pennsylvania · 1931
- Claris v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
12 more not listed; retrieve them via the Exa API.