Holt v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 332, Jan. T., 1902, by plaintiff, from order of O. P. No. 5, Phila. Co., March T., 1901, No. 119, refusing to take off nonsuit in case of Thomas E. Holt v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Davis, J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
It appears from the evidence in this case that, upon a portion of Richmond street in Philadelphia, two tracks fora street railway, and one track for a steam railroad, are laid. The street railway tracks are in the center, and the railroad track is at one side. All the tracks are so laid with respect to the paving as not to impede the use of the street by vehicles and the general public.
The railroad track is used for the movement of freight trains only. The plaintiff was familiar with the locality, having driven over it frequently. Upon the afternoon of January 9,…
2Cases cited4 opinions
- Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.Supreme Court of Pennsylvania · 1893
- Gilmartin v. Lackawanna Valley Rapid Transit Co.Supreme Court of Pennsylvania · 1898
- Winter v. Federal Street & Pleasant Valley Passenger Ry.Supreme Court of Pennsylvania · 1893
- Penman v. McKeesport, Duquesne & Wilmerding RailwaySupreme Court of Pennsylvania · 1902
3Cited by4 opinions
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
- Brown v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1928
- Callahan v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1917