Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 133, Oct. T., 1892, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1892, No. 85, on verdict for plaintiffs, W. J. Gilmore & Co. Trespass for injuries to horse and wagon. At the trial, before McClung, J., it appeared that defendant company operates a line of street cars by means of electricity, in the city of Allegheny, and one branch passes for a short distance through an unpaved alley, some twenty feet in width, known as Church alley.
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Appeal, No. 133, Oct. T., 1892, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1892, No. 85, on verdict for plaintiffs, W. J. Gilmore & Co. Trespass for injuries to horse and wagon. At the trial, before McClung, J., it appeared that defendant company operates a line of street cars by means of electricity, in the city of Allegheny, and one branch passes for a short distance through an unpaved alley, some twenty feet in width, known as Church alley. At the corner of this alley and a street, known as Green street, plaintiffs have a stable.' On the evening of Nov. 3, 1891,…
1Opinion of the Court
Opinion by
Mr. Justice Heydbick,
There was abundant evidence to justify a jury in finding the defendant company guilty of negligence. Street railway companies have not an exclusive right to the highways upon which they are permitted to run their cars, or even to the use of their own tracks. The public have a right to use these tracks in *33common with the railway companies, and therefore, while the rights of the latter are in some respects superior to those of the former, as was said in Ehrisman v. East Harrisburg City Passenger Railway Co., 150 Pa. 180, it is not negligence per se for a citizen…
2Cases cited2 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Wheelahan v. Phila. Traction Co.Supreme Court of Pennsylvania · 1892
3Cited by23 opinions
- Heiden v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1922
- Moore v. Charlotte Electric Street Railway Co.Supreme Court of North Carolina · 1901
- Nissly v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1911
- Chambers v. Princeton Power Co.West Virginia Supreme Court · 1923
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
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