Smith v. Philadelphia
Supreme Court of Pennsylvania
Appeal No. 212, Jan. T., 1906, by plaintiff, from order of C. P., No. 1, Phila. Co., Deo. T., 1905, No. 1M2, refusing to take off nonsuit in case of Frank J. Smith v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Beitler, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was the order of the court refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
A nonsuit was entered in this case on the ground of contributory negligence. The plaintiff, in daytime, was driving on Rising Sun Lane, which is a wide avenue and at the place of the accident unimproved as a city street. He was riding in a road cart at a slow trot when one wheel of the cart ran into a depression, and in turning the horse abruptly to one side the cart was upset. The depression was six or eight feet in length and about ten feet in width, with sloping sides, and had a depth of six or eight inches at its lowest point. It was near the edge of a car track…
2Cases cited1 opinion
- Quinlan v. PhiladelphiaSupreme Court of Pennsylvania · 1903
3Cited by2 opinions
- Mastel v. WalkerSupreme Court of Pennsylvania · 1914
- Dodson v. Wilkes-Barre Railway Co.Superior Court of Pennsylvania · 1914