Clark v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 357, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1908, No. 1045, for defendant non obstante veredicto, in case of Annie Clark, who sues for herself as well as for her minor children, Thomas J. Clark and James Clark, v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s husband. Before Carr, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 357, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1908, No. 1045, for defendant non obstante veredicto, in case of Annie Clark, who sues for herself as well as for her minor children, Thomas J. Clark and James Clark, v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s husband. Before Carr, J. The opinion of the Supreme Court states the facts. The jury found a verdict for plaintiff for $9,750. The court subsequently entered judgment for defendant non obstante veredicto. Error assigned, among…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from a judgment entered for the defendant by the court below non obstante veredicto. We have carefully considered the argument of counsel for appellant, and in the light of the theories advanced, have examined the evidence to ascertain if the action of the court was warranted. It does not appear that the testimony offered in behalf of the plaintiff in this case, as disclosed by the record, shows any adequate moving cause for the disturbance of the apparatus which by its fall brought about the lamentable accident which occurred. It does appear…
2Cited by5 opinions
- Izzi v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1963
- Dougherty v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Benson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Shaw v. IrvinSupreme Court of Pennsylvania · 1965
- Shaw v. IrvinSupreme Court of Pennsylvania · 1965