Legal Opinion

Harkin v. Toy & Philadelphia Rapid Transit Co.

Supreme Court of Pennsylvania

Decided June 23, 1923No. Appeals, Nos. 31PublishedCited by 8 opinions

Appeals, Nos. 31 and 32, Jan. T., 1924, by the Rapid Transit Co., defendant, from judgments of C. P. No. 3, Pbila. Co., Sept. T., 1921, No. 1450, on verdicts for plaintiffs, in case of William Harkin, by Ms father and next friend, Matthew A. Harkin, and Matthew A. Harkin in his own right, v. Edward J. Toy and the Philadelphia Rapid Transit Co. Trespass for personal injuries. Before McMichael, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff, Wm.

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Appeals, Nos. 31 and 32, Jan. T., 1924, by the Rapid Transit Co., defendant, from judgments of C. P. No. 3, Pbila. Co., Sept. T., 1921, No. 1450, on verdicts for plaintiffs, in case of William Harkin, by Ms father and next friend, Matthew A. Harkin, and Matthew A. Harkin in his own right, v. Edward J. Toy and the Philadelphia Rapid Transit Co. Trespass for personal injuries. Before McMichael, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff, Wm. Harkin, for $9,000 on which judgment was entered. Verdict for plaintiff, Matthew A. Harkin, for $2,000 on which…

1Opinion of the Court

Opinion by

Mk. Justice Simpson,

In this action, a minor of the age of four years, by his father and next friend, and the father in his own right, sued Edward J. Toy and the Philadelphia Rapid Transit Company jointly, claiming that because of their joint negligence the boy had sustained serious injuries. The case was tried twice; on each occasion plaintiffs recovered verdicts, and, from the judgments entered on the second thereof, only the company appeals.

The facts are in some respects unusual. The boy, having fallen in the street, because of being struck or pushed by an automobile of the…

2Cases cited7 opinions

  1. Bunting v. HogsettSupreme Court of Pennsylvania · 1891
  2. O'Malley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
  3. Fuller v. Stewart Coal Co.Supreme Court of Pennsylvania · 1920
  4. Gavin v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1921
  5. Donovan v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Bailey v. C. Lewis Lavine, Inc.Supreme Court of Pennsylvania · 1930
  2. Hughes v. Pittsburgh Transportation Co.Supreme Court of Pennsylvania · 1930
  3. Penrose v. Coal Co.Supreme Court of Pennsylvania · 1927
  4. Kriner v. DingerSupreme Court of Pennsylvania · 1929
  5. Woodring v. Metropolitan Edison Co.Superior Court of Pennsylvania · 1932

3 more not listed; retrieve them via the Exa API.

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