Gavin v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 403, Jan. T., 1921, by plaintiff, from order of O. P. No. 3, Phila. Co., Sept. T., 1919, No. 5737, refusing to take off nonsuit, in ease of Elizabeth Gavin v. Philadelphia Rapid Transit Co. Trespass for death of plaintiff’s husband. The opinion of the Supreme Court states the facts. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Joseph Gavin was killed by a street car on Market Street, between Sixty-second and Sixty-third streets, at a place where there was no public crossing. There was no evidence of anything to obstruct the view of the approaching car. No negligent act of the company appeared other than the alleged unlawful speed of the car. The accident occurred between cross streets at eight o’clock in the evening.
The relative rights of the public and street railway companies as to the use of public highways have been frequently expressed. “The dominant right to the use of the tracks…
2Cases cited4 opinions
- Anderson v. Wood, AppellantSupreme Court of Pennsylvania · 1919
- McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Watts v. Borough of PlymouthSupreme Court of Pennsylvania · 1916
- Winter v. Mahoning & Shenango Railway & Light Co.Superior Court of Pennsylvania · 1915
3Cited by14 opinions
- Watson v. Lit BrothersSupreme Court of Pennsylvania · 1926
- Weaver v. PickeringSupreme Court of Pennsylvania · 1924
- Dopler v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1931
- Fearn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1935
- Bowman v. StoumanSupreme Court of Pennsylvania · 1928
9 more not listed; retrieve them via the Exa API.