Callahan v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 190, Oct. T., 1917, by defendant, from judgment of O. P. No. 5, Philadelphia Co., June T., 1916, No. 1957, on verdict for plaintiff in case of Bridget C. Callahan, Administratrix of the Estate of James Daniel Callahan, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed.
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Appeal, No. 190, Oct. T., 1917, by defendant, from judgment of O. P. No. 5, Philadelphia Co., June T., 1916, No. 1957, on verdict for plaintiff in case of Bridget C. Callahan, Administratrix of the Estate of James Daniel Callahan, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The accident out of which this action arises occurred on Delaware avenue, a paved public street of Philadelphia, on which were three tracks of the defendant laid flush with the pavement. The street was used for vehicles of all kinds as well as for the transportation of such cars as the business of the defendant required in that locality. The right of the defendant in the street was concurrent, therefore, with that of the public. Nothing disclosed by the testimony tends to show that the- defendant’s right was greater than that exercised by a street car company occupying…
2Cases cited1 opinion
- Holt v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
3Cited by1 opinion
- Sipko v. Pennsylvania Railroad Co.Supreme Court of Pennsylvania · 1938