Boggs v. Jewell Tea Co.
Supreme Court of Pennsylvania
Appeal, No. 20, Jan. T., 1919, by plaintiff, from order of O. P. No. 2, Philadelphia Co., June T., 1917, No. 1646, refusing to take off nonsuit in case of Georgia A. Boggs v. Jewell Tea Company. Trespass against the owner of a wagon to recover damages for the death of plaintiff’s husband. Before Rogers, J. At the trial the court directed a compulsory nonsuit • which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
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Appeal, No. 20, Jan. T., 1919, by plaintiff, from order of O. P. No. 2, Philadelphia Co., June T., 1917, No. 1646, refusing to take off nonsuit in case of Georgia A. Boggs v. Jewell Tea Company. Trespass against the owner of a wagon to recover damages for the death of plaintiff’s husband. Before Rogers, J. At the trial the court directed a compulsory nonsuit • which it subsequently refused to take off. Error assigned was refusal to take off nonsuit. The negligent act of defendant’s driver placed the deceased in a position of danger and was the proximate cause of his death: Vallo v. United…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
John Boggs was killed at 5:15 p. m., July 29,1916, at the intersection of Allegheny avenue and D street, Philadelphia. The avenue, which runs east and west, is quite wide and bears a double line of car tracks; while the street, which is narrower, extends north and south. It was a “perfectly light” evening; Boggs started from the west sidewalk of D street to cross Allegheny avenue from north to south; at this time, a municipal hospital ambulance, carrying an emergency, case, and sounding its gong, was approaching from the east, on the north side of the avenue,…
2Cases cited1 opinion
- Brown v. ChambersSuperior Court of Pennsylvania · 1917
3Cited by7 opinions
- Boggs v. Jewell Tea Co.Supreme Court of Pennsylvania · 1920
- Commonwealth v. BrittonSupreme Court of Pennsylvania · 1985
- Helmick v. South Union TownshipSupreme Court of Pennsylvania · 1936
- Ex Parte HallCourt of Criminal Appeals of Oklahoma · 1931
- Campbell Et Vir. v. PittsburghSuperior Court of Pennsylvania · 1944
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