Rose & Son v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 87, October T., 1919, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., March T., 1917, No. 833, refusing to take off nonsuit in the case of Abram Rose and Harry Rose, trading as Abram Rose & Son, v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to automobile truck. The facts are stated in the. opinion of the Superior Court. ' The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 87, October T., 1919, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., March T., 1917, No. 833, refusing to take off nonsuit in the case of Abram Rose and Harry Rose, trading as Abram Rose & Son, v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to automobile truck. The facts are stated in the. opinion of the Superior Court. ' The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Orlady, P. J.,
A car of the defendant company collided with a truck of the plaintiffs under rather unusual circumstances. An autotruck had become crippled, and, unable to proceed under its own power, was being towed south along Main street in Manayunk by another truck, to which it was connected by an eight-foot chain. In rounding a curve at 7 p. m. in January, the first truck passed onto the straight-away, when the towed truck, then about to enter upon the curve, was side-swiped by a trolley car of the defendant company, going in the opposite direc*262tion on a track parallel to the one…
2Cases cited2 opinions
- McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Kraus v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1918
3Cited by2 opinions
- National Hauling Contractors Co. v. Baltimore Transit Co.Court of Appeals of Maryland · 1945
- Morris v. Schuylkill Railway Co.Superior Court of Pennsylvania · 1922