Streitfeld ex rel. Streitfeld v. Shoemaker
Supreme Court of Pennsylvania
Appeal, No. 261, Jan. Term, 1897, by plaintiff, from order of C. P. No. 8, Phila. County, December Term, 1894, No. 430, refusing to take off nonsuit. Trespass to recover damages for personal injuries. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
We think the learned court below erred in entering and *267refusing to take off the nonsuit in this case. The plaintiff, at the time of the occurrence on which the suit is based, was thirteen years old, and going from his home to his school. When he came to Third street he looked up and down it to see if any wagons or cars were approaching, and he saw a wagon coining up the street, and “ some distance away.” He then started to cross the street and, while upon the crossing and between the tracks of the street railway, he was run over by a team and heavy truck wagon…
2Cases cited1 opinion
- Schmidt v. McGillSupreme Court of Pennsylvania · 1888
3Cited by5 opinions
- Robb v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1925
- Schoepp v. GeretySupreme Court of Pennsylvania · 1919
- McMonagle v. SimpersSupreme Court of Pennsylvania · 1920
- Gilles v. Leas, Pennsylvania Court of Common Pleas, Philadelphia County1924
- Safian v. American Ice Co.Superior Court of Pennsylvania · 1917