Mahoney v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 220, Jan. T., 1905, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1904, No. 1,830, on verdict for plaintiff in case of Jeremiah F. Mahoney and Catharine M. Mahoney, his wife, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Sulzberger, P. J. The facts relating to the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant.
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Appeal, No. 220, Jan. T., 1905, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1904, No. 1,830, on verdict for plaintiff in case of Jeremiah F. Mahoney and Catharine M. Mahoney, his wife, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Sulzberger, P. J. The facts relating to the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict for Catharine M. Mahoney for $3,500 and for Jeremiah F. Mahoney $853. Defendant appealed. Error assigned was in refusing binding…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The defendant company in this case operated a system of double-track electric railway upon the old York road. At certain points the tracks are laid close together, in the usual way, in the central part of the road, while at other places they diverge and occupy the sides of the highway, and at such points the central portion of the road is left as the main driveway for other vehicles.
Open summer cars were in use upon the railway at the time when the accident occurred. As is well known, passengers enter and leave these open cars by means of a running board extending…
2Cited by6 opinions
- Low v. Harrisburg Railways Co.Supreme Court of Pennsylvania · 1927
- Gerlach Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1931
- Baron v. Wilkes-Barre Railway Co.Superior Court of Pennsylvania · 1919
- Sligo v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909
- Perry v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
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