Legal Opinion

Boggs v. Jewell Tea Co.

Supreme Court of Pennsylvania

Decided February 23, 1920No. Appeal, No. 174PublishedCited by 43 opinions

Appeal, No. 174, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1917, No. 1646, on verdict for plaintiff in case of Georgia A. Boggs v. Jewell Tea Company. Trespass to recover damages for death of plaintiff’s husband. Before Barratt, P. J. The facts are stated in the opinion of the Supreme Court. See also Boggs v. Jewell Tea Co., 263 Pa. 413. Verdict and judgment for plaintiff for $9,000. Defendant appealed.

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Appeal, No. 174, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1917, No. 1646, on verdict for plaintiff in case of Georgia A. Boggs v. Jewell Tea Company. Trespass to recover damages for death of plaintiff’s husband. Before Barratt, P. J. The facts are stated in the opinion of the Supreme Court. See also Boggs v. Jewell Tea Co., 263 Pa. 413. Verdict and judgment for plaintiff for $9,000. Defendant appealed. Errors assigned were various instructions and rulings, as stated in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This action by a widow, on behalf of herself and child, is for damages resulting from the death of her husband. *431On July 29,1916, a city ambulance was proceeding west along the north side of Allegheny avenue, Philadelphia, when defendant’s horse attached to a delivery wagon, going south in D street, came on the avenue directly in front of the ambulance, which swerved to the south to avoid a collision, and for the same purpose the horse was turned suddenly to the west. Just at that moment the deceased, who was walking south across the avenue near the west line of D…

2Cases cited22 opinions

  1. Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
  2. Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
  3. Thomas v. Central RailroadSupreme Court of Pennsylvania · 1900
  4. Delahunt v. United Telephone & Telegraph Co.Supreme Court of Pennsylvania · 1906
  5. Nirdlinger v. American District Telegraph Co.Supreme Court of Pennsylvania · 1914

17 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. State v. FisherOhio Supreme Court · 2003
  2. Commonwealth v. MymaSupreme Court of Pennsylvania · 1924
  3. Commonwealth v. MoyerSupreme Court of Pennsylvania · 1947
  4. Commonwealth v. BrittoMassachusetts Supreme Judicial Court · 2001
  5. McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926

38 more not listed; retrieve them via the Exa API.

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