Legal Opinion

Watts v. Borough of Plymouth

Supreme Court of Pennsylvania

Decided October 2, 1916No. Appeal, No. 111PublishedCited by 17 opinions

Appeal, No. 111, January T., 1916, by plaintiff, from judgment of C. P. Luzerne County, February T., 1911, No. 382, refusing to take off compulsory nonsuit in case of Joseph Watts and Anna Watts v. Borough of Plymouth. Trespass to recover damages for personal injuries. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed.

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Appeal, No. 111, January T., 1916, by plaintiff, from judgment of C. P. Luzerne County, February T., 1911, No. 382, refusing to take off compulsory nonsuit in case of Joseph Watts and Anna Watts v. Borough of Plymouth. Trespass to recover damages for personal injuries. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned, among others, was in refusing to take off the nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

Plaintiff received her injury while attempting to cross over the main street in the Borough of Plymouth to a point alongside the track of an electric street railway occupying the middle of the street where she intended to board an approaching car. The point where she expected to take the car was not a scheduled stopping place, but, because of greater convenience it afforded to shoppers, cars were allowed to stop at that point, on signal, to receive passengers. The scheduled stopping place was but a short distance above, and there was there a public crossing. The…

2Cited by17 opinions

  1. Anderson v. Wood, AppellantSupreme Court of Pennsylvania · 1919
  2. Bosack v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1963
  3. DiBona v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
  4. Butler v. City of McMinnvilleOregon Supreme Court · 1928
  5. Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1921

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