Legal Opinion

Simon v. Lit Bros.

Supreme Court of Pennsylvania

Decided March 10, 1919No. Appeal, No. 197PublishedCited by 31 opinions

Appeal, No. 197, Jan. T., 1919, by plaintiff, from order of C. P. No. 2, Philadelphia Co., March T., 1917, No. 2949, refusing to take off non-suit in case of Walter Simon v. Lit Brothers, Incorporated. Trespass to recover damages for personal injuries and injuries to an automobile. Before Barratt, P. J. At the trial 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 Frazer,

Plaintiff appeals from a judgment of nonsuit in an action to recover damages for injuries sustained in a right-angle collision between automobiles at a street crossing.

On March 12,1917, at 8:30 p. m., plaintiff was driving east on Vine street, in the City of Philadelphia. As he approached Seventeenth street, at a speed of eight to ten miles an hour, he gave warning by sounding his horn and proceeded until the front end of his car was approximately five feet from the nearest rail of the car track on Seventeenth street, when he noticed defendant’s truck coming south…

2Cases cited2 opinions

  1. Wagner v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
  2. McClung v. Pennsylvania Taximeter Cab Co.Supreme Court of Pennsylvania · 1916

3Cited by31 opinions

  1. Alperdt Et Ux. v. PaigeSupreme Court of Pennsylvania · 1927
  2. Weber v. GreenebaumSupreme Court of Pennsylvania · 1921
  3. Bailey v. C. Lewis Lavine, Inc.Supreme Court of Pennsylvania · 1930
  4. Kline v. KachmarSupreme Court of Pennsylvania · 1948
  5. Minnich v. Easton Transit Co.Supreme Court of Pennsylvania · 1920

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