Legal Opinion

McKim v. Philadelphia

Supreme Court of Pennsylvania

Decided March 11, 1907No. Appeal, No. 299PublishedCited by 14 opinions

Appeal, No. 299, Jan. T., 1906, by plaintiff, from judgment of O. I'. No. 3, Phila. Co., Dec. T., 1903, No. 2,542, on verdict for defendant in case of Elizabeth McKim v. City of Philadelphia. Trespass to cover damages for death of plaintiff’s husband. Before McMichael, J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for defendant. Plaintiff appealed. Errors assigned were (1-10) rulings on evidence; (11, 12) binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

Eleventh street in the city of Philadelphia extends north and south, and crosses Federal street nearly at a right angle. At the place of this accident it is one hundred feet wide and seventy feet from curb to curb, and in the middle has a single-track electric railway line on which cars run north. The supply wires of the trolley system are supported by metal poles, placed alternately on the right and left, and near the track instead of at the curb. One of these poles stood near the west rail and about ten feet north of the north house-line of Federal street. It…

2Cases cited3 opinions

  1. Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
  2. Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
  3. Pittsburg, Fort Wayne & Chicago Railway v. GillelandSupreme Court of Pennsylvania · 1868

3Cited by14 opinions

  1. Nelson v. Duquesne Light Co.Supreme Court of Pennsylvania · 1939
  2. Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
  3. Culhane's EstateSuperior Court of Pennsylvania · 1938
  4. TAYLOR v. FardinkSuperior Court of Pennsylvania · 1974
  5. Mayor of Baltimore v. ThompsonCourt of Appeals of Maryland · 1937

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