Miller v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 253, Jan. T., 1900, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 783, refusing to take off nonsuit, in case of WyattS. Miller, a minor, and Robert G. Miller, his father, v. Union Traction Company. Trespass to recover damages for personal injuries.
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Appeal, No. 253, Jan. T., 1900, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 783, refusing to take off nonsuit, in case of WyattS. Miller, a minor, and Robert G. Miller, his father, v. Union Traction Company. Trespass to recover damages for personal injuries. Before Biddle, P. J. At the trial it appeared that on October 10, 1899, plaintiff, then a boy about eleven years of age, in going home from school, walked east on the north side of Filbert street and turned north on Thirty-eighth street, and when he had gone about the length of a pavement or some eighteen or…
1Opinion of the Court
Per Curiam,
The testimony in this ease did not warrant a charge of negligence against the defendant company, and therefore the court below did not err in entering the nonsuit and refusing to take it off. A reference to the testimony and to the decisions of this court in the following cases will show that the plaintiff’s claim had nothing tangible to support it: Smith v. O’Connor, 48 Pa. 218; Hestonville, etc., Pass. Railroad Co. v. Kelley, 102 Pa. 115; Chilton v. Central Traction Co., 152 Pa. 425; Funk v. Electric Traction Co., 175 Pa. 559; Kline v. Electric Traction Co., 181 Pa. 276; Gould v.…
2Cases cited7 opinions
- Chilton v. Central Traction Co.Supreme Court of Pennsylvania · 1893
- Smith v. O'ConnorSupreme Court of Pennsylvania · 1864
- Funk v. Electric Traction Co.Supreme Court of Pennsylvania · 1896
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Hestonville, Mantua, & Fairmount Passenger Railroad v. KelleySupreme Court of Pennsylvania · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Keller v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
- McKee v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1905
- Sontgen v. Kittanning & Ford City Street RailwaySupreme Court of Pennsylvania · 1905
- Corpies v. Sand Co.Superior Court of Pennsylvania · 1906
- Myers v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1914