Young v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 258, Jan. T., 1915, by plaintiff, from judgment of,C. P. No. 4, Philadelphia Co., March T., 1913, No. 2401, refusing to take off non-suit, in case of Jacob Young y. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Willson, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off.
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Appeal, No. 258, Jan. T., 1915, by plaintiff, from judgment of,C. P. No. 4, Philadelphia Co., March T., 1913, No. 2401, refusing to take off non-suit, in case of Jacob Young y. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Willson, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed. . Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On October 3, 1912, at about 7 o’clock in the evening, the plaintiff and his wife were injured while attempting to drive across the defendant’s tracks; they brought an action in trespass to recover damages, alleging that the car which caused their injury had been negligently operated at a high rate of speed without any warning of its approach. A nonsuit was entered on the ground of contributory negligence, which the court below subsequently took off as to the wife, but refused to remove in the case of the husband,#who has appealed.
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2Cases cited1 opinion
- King v. Pittsburgh, Harmony, Butler & New Castle Ry. Co.Supreme Court of Pennsylvania · 1914
3Cited by18 opinions
- Weiss v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1930
- Hoffner Et Ux. v. BergdollSupreme Court of Pennsylvania · 1932
- Murphy v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1925
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
- Weschler v. Buffalo & Lake Erie Traction Co.Supreme Court of Pennsylvania · 1928
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