Legal Opinion

Ferry v. Philadelphia Rapid Transit Co.

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 350PublishedCited by 31 opinions

Appeal, No. 350, Jan. T., 1910, by plaintiff, from judgment of C. P. No. 1, Phila. County, June T., 1907, No. 2,297, refusing to take off nonsuit in case of Catharine Ferry v. Philadelphia Rapid Transit Company. Trespass to recover damages for death. Before Brégy, J. The facts appear in the opinion of the Supreme Court. The court below entered a compulsory nonsuit which it subsequently refused to take off.

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Appeal, No. 350, Jan. T., 1910, by plaintiff, from judgment of C. P. No. 1, Phila. County, June T., 1907, No. 2,297, refusing to take off nonsuit in case of Catharine Ferry v. Philadelphia Rapid Transit Company. Trespass to recover damages for death. Before Brégy, J. The facts appear in the opinion of the Supreme Court. The court below entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit. — The jury fairly and legally could have inferred from the facts in evidence that the proximate cause of Ferry’s death was the lack of an…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

In this action, Catharine Ferry sought to recover damages for the death of her husband, alleged to have been due to the negligence of the defendant company. Daniel Ferry, the husband of plaintiff, was employed by the defendant company as foreman of laborers. On the morn-, ing of the accident, the men were employed in piling material in a storehouse. Mr. Ferry was seen with his men, and a few moments later was found crushed under a freight elevator, at the side of the building and in front of an opening or passageway through the wall, where the elevator was…

2Cases cited4 opinions

  1. Allen v. WillardSupreme Court of Pennsylvania · 1868
  2. Tucker v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1909
  3. Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908
  4. Millum v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1909

3Cited by31 opinions

  1. Smith v. Bell Telephone Co.Supreme Court of Pennsylvania · 1959
  2. Pfendler v. SpeerSupreme Court of Pennsylvania · 1936
  3. Commonwealth v. GillSuperior Court of Pennsylvania · 1935
  4. Liguori v. PhiladelphiaSupreme Court of Pennsylvania · 1944
  5. Rowles v. EvanuikSupreme Court of Pennsylvania · 1944

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