Timler v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 172, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 5, Phila. Co., June T., 1903, No. 4,463, on verdict for defendant in case of Herman Timler v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Davis, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The undisputed evidence is that when appellant looked the-second and last time..’the head of his' horse-was nine feet from, the track, while he .himself .was seated on his.wagon nearly twenty feet distant. When he last looked and- saw the approaching car it was necessary, in order to cross in safety, that he should drive nine feet to the.track, five feet across it; which-added to the length.ofhis horse and wagon, eighteen feet, made;, a' total of thirty-two feet before he could pass the car in safety.Notwithstanding these-facts, he disregarded his duty to look…
2Cases cited8 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Keenan v. Union Traction Co.Supreme Court of Pennsylvania · 1902
- Boring v. Union Traction Co.Supreme Court of Pennsylvania · 1905
- Moser v. Union Traction Co.Supreme Court of Pennsylvania · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Barton v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1925
- Clift v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1913
- Goldfine & Brenner, Inc. v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1935
- Griffith v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Pilgrim Laundry Co. v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
12 more not listed; retrieve them via the Exa API.