Raulston v. Traction Co.
Superior Court of Pennsylvania
Appeal, No. 63, Oct. T., 1899, by plaintiff in suit of David Raulston against Philadelphia Traction Company from judgment of C. P. No. 1, Phila. Co., June T., 1895, No. 256, entering nonsuit. Opinion by Orlady, J. Motion to,take off compulsory nonsuit. Before the court in banc. The facts sufficiently appear in the opinion of the court. ' The court below entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed.
Read the full summary
Appeal, No. 63, Oct. T., 1899, by plaintiff in suit of David Raulston against Philadelphia Traction Company from judgment of C. P. No. 1, Phila. Co., June T., 1895, No. 256, entering nonsuit. Opinion by Orlady, J. Motion to,take off compulsory nonsuit. Before the court in banc. The facts sufficiently appear in the opinion of the court. ' The court below entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was refusal of the court below to take off nonsuit. Eugene Raymond, for appellant. — A person about to cross a street at a regular…
1Opinion of the Court
Opinion by
Oblady, J.,
The judgment in this case was a compulsory nonsuit on account of the contributory negligence of the plaintiff’s driver, and after argument the court refused to lift it, from which decision the plairitiff appeals. The driver testified that the accident occured on a wide avenue (on which were laid two lines of trolley tracks) at a point where it was intersected by another highway, both being much traveled by the public. He was familiar with the crossing, was driving a tractable horse, and as he approached the avenue in fair daylight he looked west*414wardly and observed a…
2Cases cited13 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Spahr v. York Railways Co.Superior Court of Pennsylvania · 1912
- Grupp v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1910
- Short v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1917
- Prutzman v. Lackawanna & Wyoming Valley RailroadSuperior Court of Pennsylvania · 1914