Legal Opinion

Farley v. Philad. Traction Co.

Supreme Court of Pennsylvania

Decided January 20, 1890No. 392PublishedCited by 15 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 392 January Term 1889, Sup. Ct.; court below, No. 505 December Term 1884, C. P. No. 3. On January 31, 1885, Francis Parley brought case against the Philadelphia Traction Company, to recover damages for personal injuries charged to the alleged negligence of defendant company. Issue.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 392 January Term 1889, Sup. Ct.; court below, No. 505 December Term 1884, C. P. No. 3. On January 31, 1885, Francis Parley brought case against the Philadelphia Traction Company, to recover damages for personal injuries charged to the alleged negligence of defendant company. Issue. At the trial on October 22,1888, before Gordon, J., the plaintiff testified, in his own behalf, that he was 65 years of age; that on September 8, 1884, he was riding in a Nineteenth street car of the defendant company, about twelve…

1Per curiam

There is nothing in the plaintiff’s evidence that would have warranted the jury in rendering a verdict in his favor, and hence there was no error in entering the judgment of nonsuit, and refusing to take it off. Without some evidence, tending to prove that the injury complained of resulted from the defendant company’s negligence, the plaintiff had no right to ask that his case should be submitted to the jury.

Judgment affirmed.

2Cited by15 opinions

  1. Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
  2. Hollywood Shop, Inc. v. Pennsylvania Gas & Water Co.Superior Court of Pennsylvania · 1979
  3. Smith v. City of ChesterSupreme Court of Pennsylvania · 1986
  4. Williams v. Otis Elevator Co.Superior Court of Pennsylvania · 1991
  5. Stackhouse v. Charles H. Vendig & Co.Supreme Court of Pennsylvania · 1895

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