Legal Opinion

Mackey v. Philadelphia & West Chester Traction Co.

Supreme Court of Pennsylvania

Decided February 7, 1910No. Appeal, No. 195PublishedCited by 7 opinions

Jan. T., 1909, by plaintiff, from judgment of C. P. Delaware Co., March T., 1908, No. 84, refusing to take off nonsuit in case of Anna B. Mackey v. The Philadelphia & West Chester Traction Co. Trespass for damages for death. Before Broomall, J. The facts appear in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by'

Mr. Justice Potter,

March 21, 1910:

The plaintiff brought this action to recover damages for the death of her husband, which resulted from an accident alleged to have been caused by the negligence of an employee of the defendant company. The court below entered judgment of compulsory nonsuit, and refused to take it off. The question is, was there at the trial any evidence of negligence which ought to have been left to the jury. The facts of the case are simple. The defendant company has a double track electric railway laid upon the Philadelphia and West Chester turn-, pike. On…

2Cited by7 opinions

  1. Kuhns v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1927
  2. Doran v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1941
  3. Clift v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1913
  4. Adams v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1911
  5. Bready v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1917

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