Caffrey v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 78, Jan. T., 1915, by plaintiffs, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1911, No. 4961, refusing to take off nonsuit, in case of Katherine Caffrey, by her mother and next friend, Lavinia Caffrey, and Lavinia Caffrey v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ralston, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 78, Jan. T., 1915, by plaintiffs, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1911, No. 4961, refusing to take off nonsuit, in case of Katherine Caffrey, by her mother and next friend, Lavinia Caffrey, and Lavinia Caffrey v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ralston, J. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit, which the court in banc subsequently refused to take off. Plaintiffs appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The plaintiff, a pedestrian, standing on the sidewalk where she had the lawful right to be, was struck by the rear end of a trolley car belonging to and operated by the defendant company, and sustained the injuries for which damages are sought to be recovered in this action. The accident occurred at the southéast corner of Eleventh street and Columbia avenue at which point plaintiff was standing waiting for the car to pass in order that she might cross the street. The car was running north on Eleventh street, but the rear truck took the switch at *366Columbia avenue…
2Cases cited3 opinions
- Booth v. DorseySupreme Court of Pennsylvania · 1904
- Zercher v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1912
- Campbell v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
3Cited by6 opinions
- Janock v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1916
- Dougherty v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Livingstone v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1916
- Tampa Electric Co. v. VavoudesSupreme Court of Florida · 1933
- Federated Purchaser, Inc. v. Noti, Pennsylvania Court of Common Pleas, Lehigh County1974
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