Bean v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 119, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., March Term, 1916, No. 2804, refusing to take off compulsory nonsuit in case of Daniel Bean y. City of Philadelphia. Trespass for personal injuries. Before Rogers, J. The facts appear by the opinion of the Supreme Court. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 119, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., March Term, 1916, No. 2804, refusing to take off compulsory nonsuit in case of Daniel Bean y. City of Philadelphia. Trespass for personal injuries. Before Rogers, J. The facts appear by the opinion of the Supreme Court. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned, among others, was in refusing to take off the nonsuit. The case was for the jury: Graham v. City of Philadelphia, 19 Pa. Superior Ct. 292;…
1Opinion of the Court
Opinion by
Mb. Justice Moschzisker,
Plaintiff sued in trespass to recover for personal injuries alleged to be due to the negligence of defendant in failing to keep in proper repair a street upon which the former was driving. The trial judge entered a non-suit, the court in banc refused to remove it and plaintiff has appealed.
The accident happened April 10,1916, at about 9 a. m., on Germantown avenue just below Stenton avenue. Germantown avenue at that point is occupied by two car tracks, one to the east for northbound trolley cars, and the other to the west, for southbound cars. Thb plaintiff…
2Cases cited2 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
3Cited by12 opinions
- Call v. City of BurleyIdaho Supreme Court · 1936
- Bullock v. Chester & Darby Telford Road Co.Supreme Court of Pennsylvania · 1921
- Lane v. DickinsonSupreme Court of Pennsylvania · 1923
- Basel v. PittsburghSupreme Court of Pennsylvania · 1944
- Ida Klein v. City of PittsburghSuperior Court of Pennsylvania · 1929
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