Kirschbaum v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 150, Oct. T., 1919, by defendant, from the judgment of Municipal Court of Philadelphia, July Term, 1918, No. 175, in the case of Joseph Kirschbaum v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Crane, J. Tlie facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $250 and judgment thereon. Defendant appealed.
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Appeal, No. 150, Oct. T., 1919, by defendant, from the judgment of Municipal Court of Philadelphia, July Term, 1918, No. 175, in the case of Joseph Kirschbaum v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Crane, J. Tlie facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $250 and judgment thereon. Defendant appealed. Error assigned was refusal of defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff was injured while riding with a coemployee in their employer’s wagon, driven by the coemployee, on their way to attend to the employer’s business. They had proceeded westwardly along the north track on Snyder avenue, and at Passyunk avenue they proceeded to turn southwardly on said avenue across the south track on Snyder avenue. As they were about to turn out of the westbound track, both the driver and the plaintiff saw an eastbound street car approaching at a distance of 75 feet. The plaintiff did not say or do anything to prevent his fellow-employee from…
2Cases cited5 opinions
- Dunlap v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Martin v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1919
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Vocca v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Wagner v. Lehigh Traction Co.Supreme Court of Pennsylvania · 1905
3Cited by10 opinions
- Alperdt Et Ux. v. PaigeSupreme Court of Pennsylvania · 1927
- Morningstar v. North East Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
- Williams v. LenfantLouisiana Court of Appeal · 1931
- Ward v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1934
- Otis v. KolskySuperior Court of Pennsylvania · 1928
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