O'Malley v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeals, Nos. 149 and 168, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 4022, on verdict for plaintiff, in case of Patrick O’Malley v. Philadelphia Rapid Transit Company and Henry A. McCleman and William G. McCleman, trading as H. A. McCleman & Brother. Trespass to recover damages for personal injuries. Before Barratt, J. The opinion of the Supreme Court states the facts.
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Appeals, Nos. 149 and 168, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 4022, on verdict for plaintiff, in case of Patrick O’Malley v. Philadelphia Rapid Transit Company and Henry A. McCleman and William G. McCleman, trading as H. A. McCleman & Brother. Trespass to recover damages for personal injuries. Before Barratt, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,200 and judgment thereon. Defendants appealed. Errors assigned were answers to points and the refusal of the court to direct a verdict for…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On the morning of October 23,1912, Patrick O’Malley, the appellee, was standing on a pavement near the curb at the northwest corner of Twentieth and Garrett streets, in the' City of Philadelphia, with his back towards the former street. A wagon owned by the firm of H. A. McCleman & Brother was being driven west on Garrett street, and when it reached Twentieth street a car of the Philadelphia Rapid Transit Company coming from the south, collided with it. Twentieth street was paved with asphalt, and a recent rain had made it wet and slippery. The collision caused the…
2Cases cited9 opinions
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- Bunting v. HogsettSupreme Court of Pennsylvania · 1891
- Williams v. SheldonNew York Supreme Court · 1833
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Wall v. OsbornNew York Supreme Court · 1834
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3Cited by32 opinions
- Hughes v. Pittsburgh Transportation Co.Supreme Court of Pennsylvania · 1930
- Landis v. Conestoga Transportation Co.Supreme Court of Pennsylvania · 1944
- Taggart v. Yellow Cab Co.Supreme Court of Kansas · 1942
- Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
- Atkinson v. RothCourt of Appeals for the Third Circuit · 1961
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