Connor v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 93, Oct. T., 1902, by defendant, from judgment of C. P.No. 2, Phila. Co., March T., 1901, No. 196, on verdict for plaintiff in case of John J. Connor v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before WlLTBANK, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $900, Defendant appealed.
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Appeal, No. 93, Oct. T., 1902, by defendant, from judgment of C. P.No. 2, Phila. Co., March T., 1901, No. 196, on verdict for plaintiff in case of John J. Connor v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before WlLTBANK, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $900, Defendant appealed. Errors assigned were (1) portion of charge quoted in the opinion of the Superior Court; (2) refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The injuries for which the plaintiff seeks to recover were *243caused by a collision between the . wagon in which.he was riding and a hansom cab owned by the defendant company and then, being driven by William Alexander. The only negligence alleged or attempted to be proved was that, of the driver, and unless he was acting as the servant or agent of the defendant this judgment cannot be sustained. In an action to recover damages from one person for the negligence of another, upon the principle of respondeat superior, the plaintiff cannot recover, unless it is made to…
2Cases cited16 opinions
- Norris v. . KohlerNew York Court of Appeals · 1869
- Allen v. WillardSupreme Court of Pennsylvania · 1868
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- First Presbyterian Congregation v. SmithSupreme Court of Pennsylvania · 1894
- Harrison v. CollinsSupreme Court of Pennsylvania · 1878
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3Cited by11 opinions
- SMALICH v. WestfallSupreme Court of Pennsylvania · 1970
- Tyler v. MacFadden Newspapers Corp.Superior Court of Pennsylvania · 1932
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Kelton v. FiferSuperior Court of Pennsylvania · 1904
- Powell v. WilhelmSuperior Court of Pennsylvania · 1912
6 more not listed; retrieve them via the Exa API.