Legal Opinion

Short v. Philadelphia Rapid Transit Co.

Superior Court of Pennsylvania

Decided December 13, 1917No. Appeal, No. 86PublishedCited by 2 opinions

Appeal, No. 86, Oct. T., 1917, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1907, No. 529, on verdict for plaintiffs in case of John J. Short and Joseph A. Short, trading as John J. Short and Brother, v. Philadelphia Rapid Transit Co. Trespass to recover damages for injuries to a carriage. Before Atjdenried, P. J. ' . The facts relating to the accident are stated in the opinion of the Superior Court.

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Appeal, No. 86, Oct. T., 1917, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1907, No. 529, on verdict for plaintiffs in case of John J. Short and Joseph A. Short, trading as John J. Short and Brother, v. Philadelphia Rapid Transit Co. Trespass to recover damages for injuries to a carriage. Before Atjdenried, P. J. ' . The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $150. Defendant appealed. Error assigned, amongst others, was in overruling defendants motion for judgment non obstante veredicto.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff’s employee was driving a double team west on Sansom street. As he approached Eighteenth street a car passed north on that street. He proceeded at a slow gait and when the horses’ heads were about three feet away from the near car rail on Eighteenth street, he saw another street car coming from Walnut *359street. While covering the distance between the curb and the track, which is five feet, the trolley car traveled from the middle of the block between Walnut and Sansom streets and struck the carriage about the middle of the body. The street was well lighted…

2Cases cited9 opinions

  1. Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
  2. McMahen v. WhiteSuperior Court of Pennsylvania · 1906
  3. Evers v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
  4. Hamilton v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
  5. Ryan ex rel. Ryan v. ArdisSupreme Court of Pennsylvania · 1899

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3Cited by2 opinions

  1. Hawkins v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1922
  2. Armstrong v. Conestoga Traction Co.Superior Court of Pennsylvania · 1919

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