Sullivan v. Consolidated Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1900, by plaintiff, from order of C. P. No. 1, Allegheny Co., March T., 1898, No. 320, refusing to take off nonsuit in case of Kate Sullivan, in her own right and as mother and next friend of Mary Sullivan et ah, minor children of Timothy Sullivan, deceased, v. The Consolidated Traction Company. Trespass to recover damages for death, of plaintiff’s husband.
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Appeal, No. 131, Oct. T., 1900, by plaintiff, from order of C. P. No. 1, Allegheny Co., March T., 1898, No. 320, refusing to take off nonsuit in case of Kate Sullivan, in her own right and as mother and next friend of Mary Sullivan et ah, minor children of Timothy Sullivan, deceased, v. The Consolidated Traction Company. Trespass to recover damages for death, of plaintiff’s husband. Before Stowe, P. J. At the trial it appeared that Timothy Sullivan, plaintiff’s husband, was killed on the evening of December 25, 1897, by one of defendant’s electric cars while attempting to cross a track at a…
1Opinion of the Court
Pee Cueiam,
The plaintiff’s husband while attempting to cross Penn ave*189nue diagonally at the point east of Thirtieth street towards Thirty-first street, stepped upon the west-bonnd track and was instantly struck by a oar of the defendant company from the east. The injuries received were the cause of his death within twenty-four hours of the occurrence. A clear case of contributory negligence was established by the evidence which plainly showed that the deceased had full opportunity to see the approaching car and to avoid contact with it. The case is fairly within Watkins v. Union Traction Co.,…
2Cases cited3 opinions
- Blaney v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Watkins v. Union Traction Co.Supreme Court of Pennsylvania · 1900
- Miller v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Donahue v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1928
- Tozer v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1911