Dougherty v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 300, Jan. T., 1916,’ by plaintiff, from order of C. P. No. 4, Philadelphia Co., Dec. T., 1910, No. 2711, refusing to take off nonsuit, in case of Elizabeth Dougherty v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Carr, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 300, Jan. T., 1916,’ by plaintiff, from order of C. P. No. 4, Philadelphia Co., Dec. T., 1910, No. 2711, refusing to take off nonsuit, in case of Elizabeth Dougherty v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Carr, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed. Errors assigned were rulings on evidence and in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This is an appeal from the refusal to remove a nonsuit. The assignments of error raise numerous questions; but we shall discuss only such of them as are in some sense controlling.
On September 24, 1910, at about two o’clock in the afternoon, the plaintiff, a pedestrian upon the streets of the City of Philadelphia, was suddenly struck and knocked down by a detached trolley pole which fell from the top of one of defendant’s cars, at the junction of Ridge avenue, Tenth and Callowhill streets.
When the case came to trial, the defendant produced its motorman and…
2Cases cited6 opinions
- Janock v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1916
- Lanning v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Zercher v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1912
- Caffrey v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Clark v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Murray v. FrickSupreme Court of Pennsylvania · 1923
- Quinn v. KumarSupreme Court of Pennsylvania · 1970
- Gawronski v. McAdooSupreme Court of Pennsylvania · 1920
- Lesick v. Proctor.Supreme Court of Pennsylvania · 1930
- Stewart v. MorowSupreme Court of Pennsylvania · 1961
14 more not listed; retrieve them via the Exa API.