Zercher v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 14, Oct. T., 1911, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1908, No. 4,944, on verdict for plaintiff in case of Bertha M. Zercher v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,400, upon which, judgment was entered for $1,000, all above that amount having been remitted. Defendant appealed.
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Appeal, No. 14, Oct. T., 1911, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1908, No. 4,944, on verdict for plaintiff in case of Bertha M. Zercher v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,400, upon which, judgment was entered for $1,000, all above that amount having been remitted. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff rests her right to recover damages on the following averment of her statement: “Nevertheless .the defendant, disregarding its duty in this behalf, so carelessly operated and controlled one of its said cars that as the plaintiff was carefully crossing Fourth street, etc.,, the pole which was attached to the top of said car and is a part thereof and used in its control and management, fell from the top of said car and struck the plaintiff, etc.” The testimony produced on the trial to support this allegation was extremely brief. The plaintiff herself, after…
2Cases cited6 opinions
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Lanning v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Booth v. DorseySupreme Court of Pennsylvania · 1904
- Kepner v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1897
- Ahern v. MelvinSuperior Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Izzi v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1963
- Dougherty v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Gilbert v. Korvette's, Inc.Superior Court of Pennsylvania · 1972
- Caffrey v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Fitzsimmons v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
7 more not listed; retrieve them via the Exa API.