Wagner v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 126, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3857, refusing to take off non-suit in case of Charles B. Wagner v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Sulzberger, J. The opinion of the Supreme Court states the facts. The lower court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 126, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3857, refusing to take off non-suit in case of Charles B. Wagner v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Sulzberger, J. The opinion of the Supreme Court states the facts. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off the non-suit.
1Opinion of the Court
Opinion bt
Me. Justice Mesteezat,
This is an appeal from the judgment of a compulsory nonsuit entered in an action brought to recover damages for injuries resulting from the alleged negligence of the defendant company.
The accident occurred at the intersection of Arch and Thirteenth streets, Philadelphia. The defendant operates a double street car line on Arch street and a single line on Thirteenth street. The cars run east on the south track on Arch street and west on the north track. The plaintiff intending to cross Arch street was standing on the curbstone at the northwest corner of the two…
2Cases cited1 opinion
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
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