Leister v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 387, Jan. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Co., Deo. T., 1904, No. 284, on verdict for plaintiff in case of Edna S. Leister, by her next friend, Stewart S. Leister, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Staake, J. The circumstances of the accident are narrated in the opinion of the Supreme Court. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The defendant company in this case was charged with negligence in failing to preserve a free and unobstructed passage along the public highway. The plaintiff was a young girl, riding in a pony carriage, at the invitation of the driver, along the Old York Road. At the point of the accident, the defendant was shifting the position of one of its tracks and one-half the road was obstructed, but the west half of the highway was *654untouched, leaving a space sufficient for two vehicles to pass, or drive abreast. By a coincidence a trolley car and a cart happened to be at…
2Cited by1 opinion
- Dodson v. Wilkes-Barre Railway Co.Superior Court of Pennsylvania · 1914