Smith v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 195, Jan. T., 1901, by plaintiff, from order of C. P. No. 4, Pbila. Co., June T., 1896, No. 60, refusing to take off nonsuit in case of Jacob T. Smith v. Philadelphia Traction Company. Trespass to recover damages for personal injuries. Before Audeneied, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 195, Jan. T., 1901, by plaintiff, from order of C. P. No. 4, Pbila. Co., June T., 1896, No. 60, refusing to take off nonsuit in case of Jacob T. Smith v. Philadelphia Traction Company. Trespass to recover damages for personal injuries. Before Audeneied, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit, and in permitting defendant to introduce its defense upon cross-examination of plaintiff’s witness.
1Opinion of the Court
Opinion bv
Mr. Justice Brown,
The appellant was a conductor on one of the cable cars of the Philadelphia Traction Company. While standing on the rear platform of his car, on March 1,1895, an electric car of the same company, coming down Lancaster avenue, in the city of Philadelphia, collided with it at that avenue’s oblique intersection with Thirty-second and Market streets. There is a descending grade on Lancaster avenue to this point of intersection, and the negligence charged to the appellee was its failure to have on the Lancaster avenue car the proper appliance for sanding the track. It…
2Cases cited3 opinions
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Cunningham v. Fort Pitt Bridge WorksSupreme Court of Pennsylvania · 1901
- Markley v. SwartzlanderSupreme Court of Pennsylvania · 1844
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- Valles v. Peoples-Pittsburgh Trust Co.Supreme Court of Pennsylvania · 1940
- Greenfield v. PhiladelphiaSupreme Court of Pennsylvania · 1925
- Felski v. ZeidmanSupreme Court of Pennsylvania · 1924
- Welch v. Carlucci Stone Co.Supreme Court of Pennsylvania · 1906
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