Maher v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 335, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1894, No. 860, on verdict for plaintiff. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that on March 30,1894, Agnes Maher, a child six years old, was struck by a car of the defendants, at Thirteenth and Reed streets, in the city.of Philadelphia.
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Appeal, No. 335, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1894, No. 860, on verdict for plaintiff. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that on March 30,1894, Agnes Maher, a child six years old, was struck by a car of the defendants, at Thirteenth and Reed streets, in the city.of Philadelphia. She died on October 30,1894. The evidence for the plaintiff tended to show that there had been a block of cars on Thirteenth street; that two cars had passed at a high rate of speed; that the third car which was the one…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
This action of trespass in the name of Agnes Maher by her father and next friend was brought to March term, 1894, to recover damages for injuries to the plaintiff’s person, alleged to have been caused by the negligence of defendant company. The injuries having resulted in plaintiff’s death on October 30,1894, after the cause was at issue, her personal representative was afterwards duly substituted as plaintiff under the act of April 15, 1851, and article III. section 12, of the constitution, as construed by this court in Birch v. Railway Co., 165 Pa. 339.…
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