Legal Opinion

Sellers v. Union Traction Co.

Superior Court of Pennsylvania

Decided July 10, 1902No. Appeal, No. 147Published

Appeal, No. 147, Oct. T., 1901, by-defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1898, No. 756, oil verdict for plaintiff in case of C. Cadwallader Sellers v. Union Traction Company. Trespass to recover damages for personal injuries. Before Sulzberger, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for f1,000. Defendant appealed. .Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The plaintiff was, shortly before noon on July 12, 1898, at the northwest corner of Thirteenth and Arch streets in the city of Philadelphia. He wished to take a west-bound car of the defendant company and hailed an approaching one, which was of the summer type having a running board along the side affording a means of entrance along the entire length of the side. The crossing of Arch street for pedestrians was composed of three parallel lines of flagstones. The defendant company ¿Maintained a circular manhole twenty-eight inches in diameter, for the purpose of…

2Cases cited8 opinions

  1. Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
  2. Dickson v. HollisterSupreme Court of Pennsylvania · 1889
  3. Buzby v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1889
  4. Barnes v. SowdenSupreme Court of Pennsylvania · 1888
  5. Lumis v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897

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