Legal Opinion

Schenkel v. Pittsburg & Birmingham Traction Co.

Supreme Court of Pennsylvania

Decided December 30, 1899No. Appeals, Nos. 149 and 150PublishedCited by 21 opinions

Appeals, Nos. 149 and 150, Oct. T., 1899, by defendant, from judgment of O. P. No. 1, Allegheny Co., March Term, 1898, No. 346, on verdict for plaintiffs. Trespass by husband and wife for personal injuries to the wife. Before Stowe, P. J. At the trial it appeared that on June 28,1897, Tischia Schenkel, forty-four years old, in good health, was struck in the face by the falling of a trolley wire while she was standing at a street corner.

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Appeals, Nos. 149 and 150, Oct. T., 1899, by defendant, from judgment of O. P. No. 1, Allegheny Co., March Term, 1898, No. 346, on verdict for plaintiffs. Trespass by husband and wife for personal injuries to the wife. Before Stowe, P. J. At the trial it appeared that on June 28,1897, Tischia Schenkel, forty-four years old, in good health, was struck in the face by the falling of a trolley wire while she was standing at a street corner. After the wire struck her she had convulsions most of the time for seven or eight weeks, after that one in two or three weeks, and some times one or two a…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

A disabled car was being pushed by another car behind it, and at Southern avenue where appellant’s line was crossed by ■the Suburban Company at right angles, the trolley pole of the disabled car jumped its own wire, struck and broke the wire of the cross line, and thus caused the accident by which plaintiff - was injured. There was testimony that the proper course under such circumstances was to tie down the trolley pole of the disabled caí’, and that in this case the conductor was told by the conductor of the rear and operating car to do so, but he refused or…

2Cases cited4 opinions

  1. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  2. Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  3. Baker v. Pennsylvania Co., Pennsylvania Court of Common Pleas, Erie County1891
  4. Owens v. Peoples Passenger Ry.Supreme Court of Pennsylvania · 1893

3Cited by21 opinions

  1. K.H. v. J.R.Supreme Court of Pennsylvania · 2003
  2. K.H. v. J.R.Supreme Court of Pennsylvania · 2003
  3. Thirkell v. Equitable Gas Co.Supreme Court of Pennsylvania · 1932
  4. Neff v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
  5. Bostwick v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1917

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