Legal Opinion

Harris v. Philadelphia Traction Co.

Supreme Court of Pennsylvania

Decided February 22, 1897No. Appeal, No. 457PublishedCited by 6 opinions

Appeal, No. 457, Jan. Term, 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., June Term, 1895, No. 397, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Biddle, J. Motion to quash appeal. The record showed that there was no bill of exceptions.

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Appeal, No. 457, Jan. Term, 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., June Term, 1895, No. 397, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Biddle, J. Motion to quash appeal. The record showed that there was no bill of exceptions. Upon the last page as filed by the stenographer was the following certificate: “ I do hereby certify that the foregoing notes of testimony are a true transcript from my shorthand notes taken in the case. “ Samuel B. Collins, “Per E. S., Official Reporter C. P. No. 1.” . And under this certificate were written these…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

Appellee moves to quash the appeal because all the assignments of error are to the charge (including the answers to points), and the charge is not before us. An examination of the record shows that this position is well taken. The stenographic notes which are filed have merely a certificate that “ the foregoing notes of testimony are a true transcript from my shorthand notes taken in the case,” signed by the stenographer (by deputy) and having underneath the single word “ approved,” with the judge’s signature. Even for what it professes to include this…

2Cases cited3 opinions

  1. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  2. Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
  3. Hill v. EganSupreme Court of Pennsylvania · 1894

3Cited by6 opinions

  1. Heyer v. Cunningham Piano Co.Superior Court of Pennsylvania · 1898
  2. Kerns v. Prudential InsuranceSuperior Court of Pennsylvania · 1899
  3. American Car & Foundry Co. v. Altoona & Beech Creek RailroadSupreme Court of Pennsylvania · 1907
  4. Farley v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1907
  5. Yoast v. BeattySuperior Court of Pennsylvania · 1900

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