Legal Opinion

Gilmore v. United Traction Co.

Superior Court of Pennsylvania

Decided July 28, 1904No. Appeal, No. 132PublishedCited by 2 opinions

Appeal, No. 132, April T., 1904, by plaintiff, from order of C. P. No.'2, Allegheny Co., April T., 1901, No. 462, refusing to take off nonsuit in case of W. J. Gilmore and Joseph C. Heckman, trading as the Pittsburg Iron Paint Company v. The United Traction Company. Trespass for injuries to a team of horses and a wagon and harness. The facts relating to the accident are stated in the opinion of the Superior Court.

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Appeal, No. 132, April T., 1904, by plaintiff, from order of C. P. No.'2, Allegheny Co., April T., 1901, No. 462, refusing to take off nonsuit in case of W. J. Gilmore and Joseph C. Heckman, trading as the Pittsburg Iron Paint Company v. The United Traction Company. Trespass for injuries to a team of horses and a wagon and harness. The facts relating to the accident are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit. The case was for the jury; Gress v. Ry. Co., 14 Pa.…

1Opinion of the Court

Opinion by

Henderson, J.,

The team of the plaintiff was passing along Church alley in the charge of a driver about half past seven o’clock in the evening in January, 1901. The team was stopped about twenty-five feet from the line of Green street because one of the tugs became unfastened. The driver got off the wagon, fastened the tug and walked to Green street to ascertain whether a car was coming or not. He could see one square in each direction. No car was in view. He walked to the wagon, got on it and drove at a slow walk to Green street and onto -the track located in Green street. Church…

2Cases cited3 opinions

  1. Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
  2. Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
  3. Potter v. Scranton Railway Co.Superior Court of Pennsylvania · 1902

3Cited by2 opinions

  1. Houston Bros. v. Consolidated Traction Co.Superior Court of Pennsylvania · 1905
  2. Bowen v. Buffalo & Lake Erie Traction Co.Superior Court of Pennsylvania · 1913

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