Legal Opinion

Mastel v. Walker

Supreme Court of Pennsylvania

Decided July 1, 1914No. Appeal, No. 82PublishedCited by 34 opinions

Appeal, No. 82, Jan. T., 1914, by defendant, from judgment of C. P. No. 3, Philadelphia Co., June T., 1912, No. 2293, on verdict for plaintiff in case of John Mastel v. Jacob H. Walker. Trespass to recover damages for personal injuries. Before Ferguson, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,000 and judgment thereon. Defendant appealed. Errors assigned were various assignments referred to in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

On May 4, 1912, the plaintiff, a switch-cleaner in the service of the Philadelphia Rapid Transit Co., was riding upon one of its cars; he stood just inside the front door, so that he might observe and report defects in the track. Two vans belonging to the defendant, and driven by his employees, were coming toward the car on an adjacent parallel track. The first van passed without difficulty, but the horses of the second one turned diagonally across the track on which the car was slowly approaching, and collided with it, driving the tongue of the wagon through…

2Cases cited10 opinions

  1. Fortney v. BreonSupreme Court of Pennsylvania · 1914
  2. Reznor Manufacturing Co. v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1912
  3. Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
  4. Reeves v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1858
  5. Foley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913

5 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Hunter v. BremerSupreme Court of Pennsylvania · 1917
  2. Commonwealth v. CampbellSuperior Court of Pennsylvania · 1934
  3. Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
  4. Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
  5. Siegel v. Struble Bros., Inc.Superior Court of Pennsylvania · 1942

29 more not listed; retrieve them via the Exa API.

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