Buehler v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 4, Jan. T., 1901, by plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1897, No. 232, refusing to take off nonsuit in case of Katharine R. Buehler v. Union Traction Company. Trespass for personal injuries. Before Biddle, P. J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit, which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Instead of that high degree of care which should at all times be exercised by a motorman in charge of a trolley car, there was an absence of even ordinary care and caution by the one on the car of the defendant below at the time the plaintiff was injured.
The car was going down South Twelfth street, in the city of Philadelphia, on the afternoon of June 4,1897. At the southwest corner of Twelfth and Walnut streets the bricks taken from a building that was being torn down had been placed in the former street, between the west rail of appellee’s track and the curb.…
2Cases cited5 opinions
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Hayman v. Pennsylvania R.Supreme Court of Pennsylvania · 1888
- Phillips v. People's Passenger Railway Co.Supreme Court of Pennsylvania · 1899
- Federal Street & Pleasant Valley Railway Co. v. GibsonSupreme Court of Pennsylvania · 1881
- Hestonville, Mantua, & Fairmount Passenger Railroad v. KelleySupreme Court of Pennsylvania · 1883
3Cited by1 opinion
- Bosworth v. Union Railroad CompanySupreme Court of Rhode Island · 1904