Harman v. Pennsylvania Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 76, Jan. T., 1901, by plaintiff, from order of C. P. Lancaster Co., April T., 1898, No. 9, refusing to take off nonsuit in case of Albert M. Harman and Ida Harman, his Wife, v. The Pennsylvania Traction Company in the hands of a receiver, William B. Given. ’ Trespass for death of plaintiff’s son. Before Landis, J. The facts appear by the opinion of the Supreme Court. Error assigned was order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The defendant’s tracks ar.e laid on one side of a turnpike road and within five feet of the yard fence in front of the plaintiff’s property. ’ A lane eleven feet wide extends along one side of the yard. The plaintiff’s son was riding one of a pair of mules that were attached to a farm wagon, and was .going from the farm house towards the road when he heard a car approaching but was unable to see it because, of a building on an adjoining property which obstructed his view of the road 'to the east. When within thirty-three feet of' the tracks he ^saw the car, which…
2Cited by3 opinions
- Rapp v. Central RailroadSupreme Court of Pennsylvania · 1921
- Tolson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Hanlon v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1905