Legal Opinion

Conway v. Pottsville Union Traction Co.

Supreme Court of Pennsylvania

Decided March 27, 1916No. Appeal, No. 447PublishedCited by 11 opinions

Appeal, No. 447, Jan. T., 1915, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1907, No. 402, for defendant non obstante veredicto in case of Annie E. Conway v. Pottsville Union Traction Company. Trespass to recover damages for death of plaintiff’s husband. Before Bechtel, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $10,000. The court subsequently entered judgment for defendant n. o. v. Plaintiff appealed.

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Appeal, No. 447, Jan. T., 1915, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1907, No. 402, for defendant non obstante veredicto in case of Annie E. Conway v. Pottsville Union Traction Company. Trespass to recover damages for death of plaintiff’s husband. Before Bechtel, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $10,000. The court subsequently entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned was the entry of judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

This action is to recover damages for the death of plaintiff’s husband, and the facts are as follows: Defendant owns and operates an electric railway which connects the Boroughs of Pottsville and Tamaqua in Schuylkill County, and passes through the Boroughs of Port Carbon and Palo Alto. In the latter borough its railway crosses the tracks of the Philadelphia & Reading Railway Co. on a bridge which is conceded to be a public highway of the municipality. Defendant, in contempla*213tion of making certain improvements and betterments to its system, procured the consent,…

2Cases cited4 opinions

  1. Seither v. Philad. Traction Co.Supreme Court of Pennsylvania · 1889
  2. Peterson v. WigginsSupreme Court of Pennsylvania · 1911
  3. Smith v. Roydhouse, Arey & Co.Supreme Court of Pennsylvania · 1914
  4. Charles Eneu Johnson Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1912

3Cited by11 opinions

  1. McDermott, Inc. v. AmClydeSupreme Court of the United States · 1994
  2. Mason v. C. Lewis Lavine, Inc.Supreme Court of Pennsylvania · 1930
  3. McLaughlin v. MonaghanSupreme Court of Pennsylvania · 1927
  4. Ridgeway v. Sayre Electric Co.Supreme Court of Pennsylvania · 1917
  5. Boca Grande Club, Inc. v. Florida Power & Light Co.Supreme Court of the United States · 1994

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