Legal Opinion

Buck v. Quaker City Cab Co.

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 145PublishedCited by 7 opinions

Appeal, No. 145, Oct. T., 1920, by defendant, from judgment of C. P. No. 2, Pbila. Co., Sept. T., 1913, No. 3557, on verdict for plaintiff in tbe case of Dennis Buck v. Quaker City Cab Company. Trespass to recover damages for personal injuries. Before Wessel, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,100 and judgment thereon. Defendant appealed.

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Appeal, No. 145, Oct. T., 1920, by defendant, from judgment of C. P. No. 2, Pbila. Co., Sept. T., 1913, No. 3557, on verdict for plaintiff in tbe case of Dennis Buck v. Quaker City Cab Company. Trespass to recover damages for personal injuries. Before Wessel, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,100 and judgment thereon. Defendant appealed. Error assigned, among others, was the refusal of defendant’s motion non obstante veredicto.

1Opinion of the Court

Opinion by

Linn, J.,

We must sustain the assignment to the refusal to direct a verdict for defendant.

Plaintiff and three others were in a wagon driven westward on Vine street about 7:30 a. m. An automobile owned by defendant negligently collided with the wagon and plaintiff was injured. The record contains no evidence of the business in which defendant was engaged. In its affidavit of defense it set up that the automobile was stolen from its garage that morning, and at the time of the occurrence was being driven by persons to it unknown, without its authority, and not upon its business. To…

2Cases cited3 opinions

  1. Scheel v. ShawSupreme Court of Pennsylvania · 1916
  2. Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
  3. Welsh v. Erie & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1897

3Cited by7 opinions

  1. Martin v. LipschitzSupreme Court of Pennsylvania · 1930
  2. Walters v. Federal Life InsuranceSupreme Court of Pennsylvania · 1936
  3. Robb v. American Railway Express Co.Superior Court of Pennsylvania · 1921
  4. Western Union Telegraph Co. v. KirbyCourt of Appeals for the Third Circuit · 1930
  5. Landis v. Philadelphia & Reading Railway Co., Pennsylvania Court of Common Pleas, Philadelphia County1924

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