Legal Opinion

Brown v. Traction Co.

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 90PublishedCited by 6 opinions

Appeal, No. 90, April T., 1900, by defendant, in a suit of Phillip Brown, J"r., against Pittsburg, Allegheny & Manchester Traction Company, from judgment of C. P. No. 2, Allegheny Co., April T., 1897, No. 728, on verdict for plaintiff. Opinion by W. W. Porter, J. Rice, P. J. and Orlady, J. dissent. Trespass. The'facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $1,000, Defendant appealed.

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Appeal, No. 90, April T., 1900, by defendant, in a suit of Phillip Brown, J"r., against Pittsburg, Allegheny & Manchester Traction Company, from judgment of C. P. No. 2, Allegheny Co., April T., 1897, No. 728, on verdict for plaintiff. Opinion by W. W. Porter, J. Rice, P. J. and Orlady, J. dissent. Trespass. The'facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $1,000, Defendant appealed. Error assigned was in refusing to affirm defendant’s point, which point and answer are as follows : That under all the evidence in this case the verdict should be…

1Opinion of the Court

Opinion by

William W. Porter, J.,

The plaintiff was driving a pair of farm horses attached to a farm wagon, partially loaded with coal, along Ohio street in the city of Allegheny. The defendant company operates a double track electric railway on said street. The plaintiff was driving in the rear of two other wagons on the south side of the street, next to the curb. He desired to turn north on Cedar street. Before reaching the intersection of the two streets, he attempted diagonally to cross Ohio street, and in so doing was compelled to cross both of the tracks of the defendant company. He says…

2Cases cited3 opinions

  1. Cupps v. Traction Co.Superior Court of Pennsylvania · 1900
  2. Boehmer v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1900
  3. Kern v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1899

3Cited by6 opinions

  1. Adams v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1911
  2. Tyrrell v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1922
  3. Morris v. Schuylkill Railway Co.Superior Court of Pennsylvania · 1922
  4. Bowen v. Buffalo & Lake Erie Traction Co.Superior Court of Pennsylvania · 1913
  5. Levine v. Philadelphia Rapid Transit Co., Pennsylvania Court of Common Pleas, Philadelphia County1923

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