Watkins v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1899, by plaintiff, from order of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 343, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. At the trial it appeared that on November 16,1896, John T. Watkins, husband of defendant, was killed by an electric car at the crossing of Market and Thirtieth streets in the city of Philadelphia. The accident occurred at 5 o’clock in the afternoon.
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Appeal, No. 294, Jan. T., 1899, by plaintiff, from order of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 343, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. At the trial it appeared that on November 16,1896, John T. Watkins, husband of defendant, was killed by an electric car at the crossing of Market and Thirtieth streets in the city of Philadelphia. The accident occurred at 5 o’clock in the afternoon. The deceased was struck at the instant he stepped upon the track. The car was well lighted, and had a head light on -the end, and there was no obstruction to the view…
1Opinion of the Court
Per Curiam,
The only witness who saw the actual collision of the car and the plaintiff’s husband, testified that at the instant he set foot on the track he was struck by the approaching ear. The undisputed testimony was that the car was well lighted and had a head light on the end, and was plainly visible to any one about to cross the street at the place of the accident. There was no obstruction of any kind to the view of the foot passenger, and all the facts in evidence show, beyond any possible question, that the deceased did not either stop, look or listen for any approaching car after…
2Cases cited1 opinion
- Blaney v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
3Cited by7 opinions
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- Wolf v. City Railway Co.Oregon Supreme Court · 1903
- Gray v. Fort Pitt Traction Co.Supreme Court of Pennsylvania · 1901
- Sullivan v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1901
- McCauley v. Philadelphia Traction Co.Superior Court of Pennsylvania · 1900
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