Miller North Broad Storage Co. v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 281, Oct. T., 1915, by plaintiff, from order of C. P. No. 1, Philadelphia Co., June T., 1913, No. 4995, refusing to take off nonsuit in case of Miller North Broad Storage Co., Appellant, v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to an auto-truck. Before Bregy, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.
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Appeal, No. 281, Oct. T., 1915, by plaintiff, from order of C. P. No. 1, Philadelphia Co., June T., 1913, No. 4995, refusing to take off nonsuit in case of Miller North Broad Storage Co., Appellant, v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to an auto-truck. Before Bregy, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit. The rights and obligations of corporations operating street car lines upon the public Streets of a city, and those of pedestrians or drivers of wagons and operators of…
1Opinion of the Court
Opinion by
Trexler, J.,
The driver of plaintiff’s van when he reached the house line of the street saw a street car approaching on the street he was about to cross. His next look was when he was within one foot of the trolley track. Then the street car was two or three car lengths away, coming at full speed. At the place he last looked, he could not stop his machine in time to avoid a collision. He put on speed in order to cross in front of the car, but failed in his attempt and „was struck.
The court entered a nonsuit and we think properly so. The driver of the van did not fulfill his duty in…
2Cases cited2 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Bane v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1914
3Cited by10 opinions
- Smith v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1929
- Shore Service, Inc. v. Philadelphia Rural Transit Co.Superior Court of Pennsylvania · 1929
- Goldfine & Brenner, Inc. v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1935
- Griffith v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Bready v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1917
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