Brown v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 375, Jan. T., 1915, by plaintiff, from final order of C. P. No. 3, Philadelphia Co., Dec. T., 1914, No. 1100, refusing to take off nonsuit, in case of Mary A. Brown v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s husband.
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Appeal, No. 375, Jan. T., 1915, by plaintiff, from final order of C. P. No. 3, Philadelphia Co., Dec. T., 1914, No. 1100, refusing to take off nonsuit, in case of Mary A. Brown v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s husband. The facts appear in the following- opinion of Davis, J., sur plaintiff’s motion for a nonsuit: The deceased was riding a bicycle going west on North street, a street forty feet wide from house-line to house-line, the roadbed of North street being twenty feet in width. North street is situated between Fairmount…
1Opinion of the Court
Per Curiam,
It was not possible for the learned court below to have avoided the conclusion that, under the evidence submitted by the plaintiff, the unfortunate death of her hus-' *478band was due to his failure to observe proper care in crossing Sixteenth street, and the judgment is affirmed for the reasons given by the trial judge for entering the nonsuit.
2Cited by2 opinions
- Geiger v. GarrettSupreme Court of Pennsylvania · 1921
- Scheffel v. Williamsport Passenger Railway Co.Superior Court of Pennsylvania · 1917