Earle v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 230, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., March T., 1912, No. 2645, refusing to take off non-suit, in case of Elinor Earle to the use of Firemen’s Fund Insurance Company of San Francisco v. Philadelphia & Reading Railway Company. Trespass for personal injuries. Before Willson, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 230, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., March T., 1912, No. 2645, refusing to take off non-suit, in case of Elinor Earle to the use of Firemen’s Fund Insurance Company of San Francisco v. Philadelphia & Reading Railway Company. Trespass for personal injuries. Before Willson, P. J. The facts appear by the opinion of the Supreme Court. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Per Curiam,
The plaintiff’s automobile was struck and injured by a collision with the defendant’s locomotive at a grade *194crossing on Willow Grove avenue near Wyndmoor Station. The machine approached the crossing from the west and was travelling twenty miles an hour when it was twenty or twenty-five feet from the crossing where the chauffeur first saw the locomotive which was travel-ling thirty miles an hour. He made no effort to reduce his speed or stop the machine until he saw the engine. The machine was at a standstill with its front part over the first rail of the northbound track when it…
2Cases cited3 opinions
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Greenwood v. Phil. W. & B. R.Supreme Court of Pennsylvania · 1889
- Lake Shore & M. S. Ry. Co. v. FrantzSupreme Court of Pennsylvania · 1889
3Cited by7 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
- Riesberg v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1962
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
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