Kane v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 356, Oct. T., 1916, by plaintiff, from order of O. P. No. 3, Philadelphia Co., Dec. T., 1914, No. 1162, refusing to take off nonsuit in case of Joseph J. Kane, trading as Kane & Company, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries.
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Appeal, No. 356, Oct. T., 1916, by plaintiff, from order of O. P. No. 3, Philadelphia Co., Dec. T., 1914, No. 1162, refusing to take off nonsuit in case of Joseph J. Kane, trading as Kane & Company, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before McMichael, P. J. From the record-it appeared that plaintiff’s automobile truck collided on July 31,1914, with an electric car at the intersection of Woodland avenue and Fifty-second street. The circumstances of the accident are stated in the opinion of the Superior Court. Error assigned was order…
1Opinion of the Court
Opinion by
Head, J.,
The servant of the plaintiff was driving a heavily loaded automobile truck which, without a load, weighed four or five tons. On the day of thé accident, which occurred about noon, he was driving south on Fifty-second street in the City of Philadelphia intending to turn eastward on Woodland, avenue. This avenue crosses Fifty-second street at right angles. The defendant transit company operated its cars in both directions upon that avenue. As the plaintiff’s driver, who was thoroughly familiar with existing conditions, approached the avenue, his view of the tracks of the…
2Cases cited1 opinion
- Miller North Broad Storage Co. v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1916
3Cited by2 opinions
- Steinberg v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1925
- Knaell v. Pittsburgh, Mars & Butler Railway Co.Superior Court of Pennsylvania · 1924