Sapp v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 401, Jan. T., 1915, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1914, No. 223, on verdict for plaintiff in case of Joseph A. Sapp v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Johnson, P. J. The collision in which plaintiff was injured took place on a clear morning on a sharp curve on the Essington Division, a single track line, of the Philadelphia Rapid Transit Company.
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Appeal, No. 401, Jan. T., 1915, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1914, No. 223, on verdict for plaintiff in case of Joseph A. Sapp v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Johnson, P. J. The collision in which plaintiff was injured took place on a clear morning on a sharp curve on the Essington Division, a single track line, of the Philadelphia Rapid Transit Company. Intervening objects obstructed the view of the motormen of the two cars until too late for them to avert the collision. . Further facts appear by…
1Opinion of the Court
Opinion by
Me. Justice Pottee,
In his statement of claim filed in this case, plaintiff charged the defendant with negligence in the following particulars:
1. While plaintiff, as motorman, was running a car according to instructions upon defendant’s railway, another car, also operated in obedience to defendant’s orders, carelessly ran with great force into the car oper' ated by plaintiff.
2. That defendant company employed incompetent persons to control the operation of its railway, who negligently directed plaintiff to run his car over a portion of the line, knowing that it was at the time unsafe…
2Cases cited2 opinions
- Cohen v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
- Davies v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
3Cited by1 opinion
- Heenan v. Horre Coal Co.Supreme Court of New Jersey · 1934