Legal Opinion

Fritch v. Pittsburgh Railways Co.

Supreme Court of Pennsylvania

Decided January 6, 1913No. Appeal, No. 224PublishedCited by 7 opinions

Appeal, No. 224, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Allegheny Co., First Term, 1909, No. 351, on verdict for plaintiff, in case of Joseph A. Fritcb v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Cohen, J. At the trial it appeared that plaintiff was injured on August 24, 1907, under circumstances described in the opinion of the Supreme Court.

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Appeal, No. 224, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Allegheny Co., First Term, 1909, No. 351, on verdict for plaintiff, in case of Joseph A. Fritcb v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Cohen, J. At the trial it appeared that plaintiff was injured on August 24, 1907, under circumstances described in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,565.00. Defendant appealed. Errors assigned were in refusing binding instructions for defendant, and in refusing motion for judgment for defendant…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

There are but few material facts in this case. Cecil avenue intersects two principal streets in a crowded section of the city. It is a narrow thoroughfare, about twenty-two feet wide, and upon its surface are laid double tracks of the street railway company. At the side of the alley close to the adjoining buildings is a pavement less than three feet in width. Appellee, with a suit case in his hand, was walking at the side of his daughter along the narrow pavement. Another pedestrian walking behind desired to pass, and in order to make room for- this person who was…

2Cases cited2 opinions

  1. Hoffman v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
  2. Keller v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906

3Cited by7 opinions

  1. Lebesco v. Southeastern Pennsylvania Transportation AuthoritySuperior Court of Pennsylvania · 1977
  2. Elder, Receiver v. Rutledge, Admx.Indiana Supreme Court · 1940
  3. Theisen v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1917
  4. Mangan v. Des Moines City Railway Co.Supreme Court of Iowa · 1925
  5. Margaret T. Calbreath, Individually and as Administratrix of James B. Calbreath, Deceased v. Capital Transit CompanyCourt of Appeals for the D.C. Circuit · 1956

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