Legal Opinion

North Broad Safe Deposit & Storage Co. v. Chester, Darby & Philadelphia Railway Co.

Superior Court of Pennsylvania

Decided December 13, 1897No. Appeal, No. 33PublishedCited by 4 opinions

Appeal, No. 33, Oct. T., 1897, by defendants, from judgment of C. P. Delaware Co., June T., 1896, No. 30, on verdict for plaintiff. Trespass for damages resulting from a collision. Before Clayton, P. J. It appears from tlie evidence that defendants own and operate an electric trolley railway on the Darby and Chester Turnpike Road running in an eastwardly and westwardly direction. The road is about fifty feet in width.

Read the full summary

Appeal, No. 33, Oct. T., 1897, by defendants, from judgment of C. P. Delaware Co., June T., 1896, No. 30, on verdict for plaintiff. Trespass for damages resulting from a collision. Before Clayton, P. J. It appears from tlie evidence that defendants own and operate an electric trolley railway on the Darby and Chester Turnpike Road running in an eastwardly and westwardly direction. The road is about fifty feet in width. The telford construction occupies about eighteen feet in the middle of the road. The defendants’ railway is constructed on the north side of the road between the telford…

1Opinion of the Court

Opinion by

Porter, J.,

The only error complained of in this case is the refusal of the court below to affirm the defendants’ point that “ under all the evidence in the case the verdict of the jury should be in favor of the defendants.” We have given the testimony in the case *207the examination which this assignment requires, and find that the court below committed no error in refusing the request of the defendants.

On the morning of July 4, 1895, a wagon with four horses, belonging to the plaintiff, and in charge of a careful driver, was proceeding westwardly on the Darby & Chester Turnpike through…

2Cases cited1 opinion

  1. Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897

3Cited by4 opinions

  1. Trout v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1900
  2. Jones Bros. v. Greensburg, Jeannette & Pittsburg Street Railway Co.Superior Court of Pennsylvania · 1898
  3. Breunniger v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1899
  4. Cupps v. Traction Co.Superior Court of Pennsylvania · 1900

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API