Taylor v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 148, Oct. T., 1913, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 856, on verdict for plaintiff in case of Deacon R. Taylor v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to an automobile. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 148, Oct. T., 1913, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 856, on verdict for plaintiff in case of Deacon R. Taylor v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to an automobile. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $912.54. The court dismissed defendant’s motion for judgment n. o. v. and entered judgment for plaintiff on the verdict. Error assigned was in dismissing motion for judgment for defendant n. o. v. The plaintiff was guilty of…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff was driving his automobile on First avenue, a public highway in the suburbs of Philadelphia. This avenue connects with Tyson avenue at right angles and there ends. On the east side of Tyson avenue there is located, and in public use an open roadway with a width of sixteen feet. In the center of Tyson avenue, the defendant owns a private right of way on which it operates a double line of trolley tracks. This construction is similar to that of steam railroads; heavy rails are fastened to wooden ties which are imbedded in stone ballast, and the whole right of…
2Cases cited8 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Bailey v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1908
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Van Winckler v. MorrisSuperior Court of Pennsylvania · 1911
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3Cited by5 opinions
- Kulp v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1922
- Buxton v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1923
- Rosa v. West Penn Railways Co.Superior Court of Pennsylvania · 1935
- Horne v. West Chester Street Railway Co.Superior Court of Pennsylvania · 1916
- Philip Calla v. Hershey Transit Co.Superior Court of Pennsylvania · 1924