Saunders v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 162, Jan. T., 1912, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1909, No. 1029, on verdict for plaintiff in case of Rachel M. Saunders v. Philadelphia Rapid Transit Company. Trespass to recover damages for death of plaintiff’s husband. Before Staples, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $5,900. Defendant appealed.
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Appeal, No. 162, Jan. T., 1912, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1909, No. 1029, on verdict for plaintiff in case of Rachel M. Saunders v. Philadelphia Rapid Transit Company. Trespass to recover damages for death of plaintiff’s husband. Before Staples, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $5,900. Defendant appealed. Errors assigned, among others, were (6) refusal of binding instructions for defendant; (9, 10) portion of charge quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On December 11, 1908, the husband of the appellee was driving a double team on the east-bound track of the defendant company on Darby Road, in Delaware County. When near the bridge over Cobb’s creek he found the track blocked by a car in front of him and stopped his team in the rear of it. While so stopping an east-bound car, descending .from a hill immediately to the west, ran into his wagon with such force as to throw him from it. He died February 25, 1909 — seventy-six days after the collision — and his widow, alleging that it was the proximate cause of his…
2Cases cited1 opinion
- Marsh v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1903
3Cited by1 opinion
- Keck v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1934