Legal Opinion

Donnelly v. Philadelphia & Reading Railway Co.

Superior Court of Pennsylvania

Decided February 27, 1913No. Appeal, No. 53PublishedCited by 5 opinions

Appeal, No. 53, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1909, No. 1,748, on verdict for plaintiff in case of lia G. Donnelly, Administratrix of Estate of Andrew J. Donnelly, deceased, v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries.

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Appeal, No. 53, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1909, No. 1,748, on verdict for plaintiff in case of lia G. Donnelly, Administratrix of Estate of Andrew J. Donnelly, deceased, v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that Andrew J. Donnelly and Willard F. Kerr were injured on the night of April 30, 1909, while riding in a taxicab by a collision between the cab and one of defendant’s trains at Ninth street and Girard avenue in the city of…

1Opinion of the Court

Opinion by

Orlady, J.,

A verdict of $1,000 was recovered by the plaintiff, as damage for injuries sustained by her husband when he and one Willard F. Kerr were crossing the tracks of the defendant company in a taxicab at Girard avenue, in the city of Philadelphia.

Donnelly hired the taxicab and chauffeur at a public stand or station, of the Bergdoll Taxicab Co., to take Mr. Kerr and him to his home. The night was very dark and it was raining heavily, and after entering the cab neither of the occupants gave any further instructions to the driver *81or had any conversation with him. The tracks of the…

2Cases cited4 opinions

  1. Little v. HackettSupreme Court of the United States · 1886
  2. Bunting v. HogsettSupreme Court of Pennsylvania · 1891
  3. Primrose v. Casualty Co.Supreme Court of Pennsylvania · 1911
  4. Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911

3Cited by5 opinions

  1. Anderson v. Yellow Cab Co.Wisconsin Supreme Court · 1923
  2. Piercely v. Public Service CommissionSuperior Court of Pennsylvania · 1919
  3. Ward v. Southern Pennsylvania Traction Co.Superior Court of Pennsylvania · 1923
  4. Mayer v. Yellow Cab Co.Pennylvania Municipal Court, Philadelphia County · 1931
  5. Terminal Taxicab Co. v. HardingCourt of Appeals for the D.C. Circuit · 1915

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