Chittick v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 239, Jan. T., 1908, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1906, No. 3,808, on verdict for plaintiffs in case of Annie E. Chittick and John F. Chittick v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries.
Read the full summary
Appeal, No. 239, Jan. T., 1908, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1906, No. 3,808, on verdict for plaintiffs in case of Annie E. Chittick and John F. Chittick v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Willson, P. J. Verdict and judgment for Annie E. Chittick for $1,500 and for John F. Chittick, her husband, for $1,200. Defendant appealed. ’ Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
During the construction of the elevated railroad in West Philadelphia a steel brace, a necessary part of the superstruc*15ture, was being hoisted into position by the employees of the bridge company doing the' work, when the trolley pole of a street railway car struck it with such force as to cause an eléctrical explosion by reason of the contact of the brace with the trolley wire. The negligence relied on to sustain a recovery is the failure of the motorman to stop his car after timely notice to do so in the face of an impending danger. The negligence of appellant in…
2Cases cited6 opinions
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Huston v. Freemansburg BoroughSupreme Court of Pennsylvania · 1905
- Linn v. Duquesne BoroughSupreme Court of Pennsylvania · 1903
- Fox v. BorkeySupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Knierim v. IzzoIllinois Supreme Court · 1961
- Bosley v. AndrewsSupreme Court of Pennsylvania · 1958
- Easton v. United Trade Sch. Contracting Co.California Supreme Court · 1916
- Koplin v. Louis K. Liggett Co.Supreme Court of Pennsylvania · 1936
- Kendall v. New Orleans Public ServiceLouisiana Court of Appeal · 1950
7 more not listed; retrieve them via the Exa API.