Legal Opinion

Cecola v. 44 Cigar Co.

Supreme Court of Pennsylvania

Decided May 15, 1916No. Appeal, No. 405PublishedCited by 14 opinions

Appeal, No. 405, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T-, 1914, No. 2314, on verdict for plaintiff, in case of Filippo Cecola v. 44 Cigar Company, a Corporation. Trespass to recover damages for personal injuries. Before Staples, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,000.00 and judgment thereon. Defendant appealed.

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Appeal, No. 405, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T-, 1914, No. 2314, on verdict for plaintiff, in case of Filippo Cecola v. 44 Cigar Company, a Corporation. Trespass to recover damages for personal injuries. Before Staples, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,000.00 and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence, the refusal of the court to direct a verdict for defendant and to enter judgment for defendant n. o. v.

1Opinion of the Court

Per Curiam,

The plaintiff below, while at work on one of the streets of the City of Philadelphia, as a repairman of the Philadelphia Rapid Transit Company, was struck by an automobile of the defendant company, and, for the injuries which he sustained, he brought'this action. He was struck just after he had picked up a Belgian block to carry it over to a hole in the street. His testimony was that just before he stooped down for the block he had looked and had seen nothing coming towards him. Several witnesses called by him testified that the driver of the automobile had given no warning of its…

2Cases cited1 opinion

  1. Craven v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1914

3Cited by14 opinions

  1. Kuzuf v. GebhardtSupreme Court of Missouri · 1980
  2. Kellogg v. ThomasSupreme Court of North Carolina · 1956
  3. Roberts, Admr. v. Freihofer B. Co.Supreme Court of Pennsylvania · 1925
  4. Mecham v. CrumpCalifornia Court of Appeal · 1934
  5. State Compensation Insurance Fund v. ScamellCalifornia Court of Appeal · 1925

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