Legal Opinion

Fox v. Philadelphia

Supreme Court of Pennsylvania

Decided February 15, 1904No. Appeal, No. 346PublishedCited by 31 opinions

Appeal, No. 346, Jan. T., 1902, by plaintiff, from order of C. P. No. 1, June T., 1899, No. 895, refusing to take off nonsuit in case of Edward J. Fox et al. v. Philadelphia. Trespass to recover damages for the death of plaintiff’s father. Before Beitler, J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

On May 12, 1899, James W. Fox, the father of appellants, was attending one of the courts in City Hall, Philadelphia, having in his charge a helpless old lady, who was moved on a rolling chair. After he left the court room with her he rolled the chair to an elevator at the northwest corner of the corridor on the second floor of the building, to be taken down to the first. When the elevator descended to the second floor and the door was opened, he pushed the chair into it at the invitation of the man operating it, and when he was about to get on it, having one foot…

2Cases cited7 opinions

  1. Treadwell v. WhittierCalifornia Supreme Court · 1889
  2. Hartford Deposit Co. v. SollittIllinois Supreme Court · 1898
  3. Laing v. ColderSupreme Court of Pennsylvania · 1848
  4. Meier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
  5. Alcorn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1863

2 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
  2. Durning v. HymanSupreme Court of Pennsylvania · 1926
  3. Pearson v. Kansas CitySupreme Court of Missouri · 1932
  4. Petrie v. Kaufmann & Baer Co.Supreme Court of Pennsylvania · 1927
  5. Hartness v. Allegheny CountySupreme Court of Pennsylvania · 1944

26 more not listed; retrieve them via the Exa API.

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