Jensen v. Philadelphia, Morton & Swarthmore Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 252, Jan. T., 1901, by plaintiff, from order of C. P. No. 1, Pliila. Co., Dec. T., 1900, No. 514, making absolute rule to set aside summons in case of Jens Jensen v. Philadelphia, Morton and Swarthmore Street Railway Company. Trespass to recover damages for personal injuries for a cause of action arising in Delaware county. Rule to set aside service of summons. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 252, Jan. T., 1901, by plaintiff, from order of C. P. No. 1, Pliila. Co., Dec. T., 1900, No. 514, making absolute rule to set aside summons in case of Jens Jensen v. Philadelphia, Morton and Swarthmore Street Railway Company. Trespass to recover damages for personal injuries for a cause of action arising in Delaware county. Rule to set aside service of summons. The facts appear by the opinion of the Supreme Court. Error assigned was in making absolute the rule to set aside the summons.
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The plaintiff in this case alleged he had been injured by the negligence of defendant company, on January 2, 1901, by running its electric car over his horse and wagon near the borough of Darby in Delaware county. He brought suit in trespass for damages in court of common pleas No. 1 in and for Philadelphia county. The summons was served on Frederick W. Hammett the president of the company at his residence in the city of Philadelphia. The defendant was incorporated under the general street railway act of May 14,1889. Its roadbed is wholly in Delaware county and what…
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