Legal Opinion

Evers v. Philadelphia Traction Co.

Supreme Court of Pennsylvania

Decided July 15, 1896No. Appeal, No. 231PublishedCited by 14 opinions

Appeal, No. 231, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1895, No. 599, on verdict for plaintiffs. Trespass by parents for death of child caused by negligence of defendant. Before Pennyp acker, J. The facts sufficiently appear by the opinion of the Supreme Court. The defendant presented a point: (3) Under all the evidence in this case the verdict must be for the defendant. Refused.

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Appeal, No. 231, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1895, No. 599, on verdict for plaintiffs. Trespass by parents for death of child caused by negligence of defendant. Before Pennyp acker, J. The facts sufficiently appear by the opinion of the Supreme Court. The defendant presented a point: (3) Under all the evidence in this case the verdict must be for the defendant. Refused. Verdict for plaintiffs for $2,500, reduced to $1,500, and judgment thereon. Error assigned was refusal of above point.

1Opinion of the Court

Opinion bv

Mr. Justice Dean,

On Sunday forenoon, the 17th of September, 1893, Michael Evers, four and one half years old, the son of jolaintiffs, was run over and lulled by defendant’s street car, on Front street between Bainbridge and Catherine in the city of Philadelphia. The plaintiffs lived at the corner of Meade and Swanson streets; the latter being parallel with Front and near to it; Meade is a narrow street or alley, running from Front to the river. The family of plaintiffs was made up of the parents and eight children. The mother had washed and dressed Michael, the deceased child, and…

2Cases cited3 opinions

  1. Chilton v. Central Traction Co.Supreme Court of Pennsylvania · 1893
  2. Schnur v. Citizens' Traction Co.Supreme Court of Pennsylvania · 1893
  3. Flanagan v. People's Pass. Ry. Co.Supreme Court of Pennsylvania · 1894

3Cited by14 opinions

  1. Macdonald v. O'ReillyOregon Supreme Court · 1904
  2. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  3. Tatarewicz v. United Traction Co.Supreme Court of Pennsylvania · 1908
  4. Goldberg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1929
  5. McKinney v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1915

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