Houston Bros. v. Consolidated Traction Co.
Superior Court of Pennsylvania
Appeal, No. 213, April T., 1905, by plaintiff, from order of C. P. No. 2, Allegheny Co., Jan. Term, 1903, No. 321, refusing to take off nonsuit in case of Houston Bros. Company v. Consolidated Traction Company. Trespass to recover damages for the killing of two horses and the destruction of a wagon and its load. Before Sharer, J. The circumstances of the accident are detailed in the opinion of the Superior Court. JError assigned was the order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiffs brought this action to recover damages for the killing of two horses, the breaking of a wagon and the sewer pipe with which it -was loaded, which resulted from a collision with'one of the cars of the defendant'company. The court below entered a compulsory nonsuit; which it subsequently refused to take off.
The accident occurred on Butler street in the city of Pitts-burg, at the point where Forty-ninth street enters that thoroughfare from the north, opposite the Allegheny Cemetery. There was no evidence that the vehicle traffic in the street was heavy or…
2Cases cited10 opinions
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Keenan v. Union Traction Co.Supreme Court of Pennsylvania · 1902
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3Cited by4 opinions
- Spahr v. York Railways Co.Superior Court of Pennsylvania · 1912
- Taylor v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
- Bowen v. Buffalo & Lake Erie Traction Co.Superior Court of Pennsylvania · 1913
- Thorpe v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1925