Legal Opinion

Moss v. Philadelphia Rapid Transit Co.

Superior Court of Pennsylvania

Decided April 18, 1910No. Appeal, No. 207PublishedCited by 3 opinions

Appeal, No. 207, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1907, No. 3472, on verdict for plaintiff in case of Adeline S. Moss v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries.

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Appeal, No. 207, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1907, No. 3472, on verdict for plaintiff in case of Adeline S. Moss v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Sulzberger, P. J. At the trial the case practically turned upon the question whether the plaintiff was entitled to recover damages for tuberculosis of which she was suffering, and which she alleged was due to the injury sustained at the time of the accident. The court charged in part as follows: [The evidence as to tuberculosis, given…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff recovered a verdict in the court below for $300, and her contention in this court is, that the trial judge erred in restricting the submission of the case to the jury, by directing them not to consider the evidence relating to tuberculosis of which she suffered at the time of the trial, as having been caused by the injury sustained in an accident which occurred on March 4, 1907, and limited her right to recover damages for the pain and suffering necessarily incident to her injuries. The verdict established the negligence of the company, and the testimony is…

2Cited by3 opinions

  1. May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
  2. Albert v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
  3. McLaughlin v. Penn Anthracite Mining Co.Superior Court of Pennsylvania · 1935

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