Legal Opinion

Bew v. Daley

Supreme Court of Pennsylvania

Decided February 25, 1918No. Appeal, No. 294PublishedCited by 3 opinions

Appeal, No. 294, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1916, No. 4224, refusing to take off compulsory nonsuit in case of Elmer E. Bew v. John Daley, Jr., Inc. Trespass for personal injuries. Before Barratt, P. J. The facts appear from the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed.

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Appeal, No. 294, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1916, No. 4224, refusing to take off compulsory nonsuit in case of Elmer E. Bew v. John Daley, Jr., Inc. Trespass for personal injuries. Before Barratt, P. J. The facts appear from the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned, among others, was in refusing to take off the nonsuit. The question whether plaintiff exercised sufficient caution in approaching the intersection was for…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is an appeal by plaintiff from judgment of compulsory nonsuit- in an action for personal injuries sustained in a collision of automobiles. We state the facts in accord with plaintiff’s evidence. The west end of Osage avenue intersects Forty-seventh street, Philadelphia. On the evening of January 29, 1917, plaintiff was driving an automobile north in said street and, when about two hundred and fifty feet from such intersection, saw defendant’s coal truck coming rapidly west on Osage *420avenue, near Forty-sixth street. The lot was vacant and the automobiles, but…

2Cases cited2 opinions

  1. Wagner v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
  2. McClung v. Pennsylvania Taximeter Cab Co.Supreme Court of Pennsylvania · 1916

3Cited by3 opinions

  1. Roberts, Admr. v. Freihofer B. Co.Supreme Court of Pennsylvania · 1925
  2. Handfinger v. Barnwell Bros., Inc.Supreme Court of Pennsylvania · 1936
  3. Riefer v. Niehl Transportation Co.Supreme Court of Pennsylvania · 1932

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