Benson v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 357, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1907, No. 4818, refusing to take off non-suit in case of S. Hammer Benson v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ferguson, J. The opinion of the Supreme Court states the facts. 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. 357, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1907, No. 4818, refusing to take off non-suit in case of S. Hammer Benson v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ferguson, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the non-suit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the refusal of the court below to take off a judgment of compulsory nonsuit. The plaintiff, a pedestrian upon the street, was injured by the fall of a trolley pole, which was drawn from its socket upon the roof of a car, which was moving around a curve. It appears that the accident resulted from the fact that the trolley wheel slipped from the overhead wire, and caught in a crotch of the supporting wires, which lifted the pole from its' socket, so that it after-wards fell to the ground, striking the plaintiff. There was nothing in the…
2Cases cited1 opinion
- Clark v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913
3Cited by4 opinions
- Izzi v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1963
- Dougherty v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Shaw v. IrvinSupreme Court of Pennsylvania · 1965
- Shaw v. IrvinSupreme Court of Pennsylvania · 1965