Keller v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 61, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1899, No. 215, on verdict for defendant non obstante veredicto in case of Charles Keller and Edwin Keller, by his father and next friend, Charles Keller, v. Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 61, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1899, No. 215, on verdict for defendant non obstante veredicto in case of Charles Keller and Edwin Keller, by his father and next friend, Charles Keller, v. Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict for Charles Keller for $2,500, and for Edwin Keller for $18,000 subject to question of law reserved. The court subsequently entered judgment for defendant non…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We cannot accept as sound the contention of appellee that the injured boy was a trespasser. Hamilton street is a public highway, the use of which could be enjoyed by pedestrians, drivers of teams and the defendant company, each having due regard for the rights and privileges of others. Neither appellant or appellee, nor anyone else could make use of the street in disregard of the rights of others lawfully on the same. When the boy stepped from the pavement on the street in the middle of the square his risks were increased, and in the case of an adult person it…
2Cases cited5 opinions
- Philadelphia & Reading Railroad v. SpearenSupreme Court of Pennsylvania · 1864
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Callary v. Easton Transit Co.Supreme Court of Pennsylvania · 1898
- Sontgen v. Kittanning & Ford City Street RailwaySupreme Court of Pennsylvania · 1905
- Miller v. Union Traction Co.Supreme Court of Pennsylvania · 1901
3Cited by6 opinions
- Bardis v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1920
- Dobrowolski v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1935
- Fritch v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1913
- Conner v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1907
- Barrage v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1915
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