Simmons v. Southern Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 141, Oct. T., 1903, by plaintiff, from order of C. P. No. 1, Allegheny Co., June T., 1901, No. 649, refusing to take off nonsuit in case of James Simmons v. Southern Traction Company. Trespass to recover damages for personal injuries. Before Brown, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff was employed as a conductor on a branch of the defendant’s road which extended from Pittsburg to the borough of Sheraden. There were two tracks on most of the branch road, but in the borough and in one or two other places there was only a single track. On the evening of the accident, the plaintiff was in charge of an extra car or tripper, which ran between regular cars. While the car was on the single track in the borough, the trolley slipped from the feed wire, the car stopped, and its lights were extinguished. The plaintiff got down on the track in…
2Cases cited4 opinions
- Brossman v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1886
- Bellows v. Pa. & N. Y. Canal & R. R.Supreme Court of Pennsylvania · 1893
- Fulford v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1898
- Fletcher v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1899
3Cited by1 opinion
- Falyk v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917