Graham v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 160, Oct. T., 1901, by plaintiff, from order of C. P. No. 3, Phila. Co., Sept. T., 1899, No. 520, refusing to take off nonsuit in case of Michael Graham v. City of Philadelphia. Trespass to recover damages for injuries to a horse, harness and wagon. The facts appear by 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.
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of trespass brought to recover damages for injuries to the plaintiff’s horse, harness and wagon caused by the horse stepping into a hole in the highway. The plaintiff’s son, aged eighteen years, was driving the horse at a jog trot northward on the right-hand side of Twelfth street in the city of Philadelphia. He had crossed the railroad tracks on Washington avenue, an intersecting street, and at a point distant a length and a half of the horse and wagon from the Washington *294avenue curb tbe horse stepped into the hole. The driver test! fied, that he was…
2Cases cited2 opinions
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
3Cited by18 opinions
- Colonial Trust Co. v. Elmer C. Breuer, Inc.Supreme Court of Pennsylvania · 1949
- Davis v. Wilkes-BarreSupreme Court of Pennsylvania · 1926
- Bean v. City of PhiladelphiaSupreme Court of Pennsylvania · 1918
- Lane v. DickinsonSupreme Court of Pennsylvania · 1923
- Powell v. WilhelmSuperior Court of Pennsylvania · 1912
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