Fletcher v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 123, Jan. T., 1898, by defendant, from judgment of C. P. No. 4, Phila. County, June T., 1896. No. 814, on verdict for plaintiffs. Trespass for death of plaintiffs’ father. Before Willson, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $2,106. Defendant appealed. Error assigned among others was in refusing to give binding instructions for defendant.
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Appeal, No. 123, Jan. T., 1898, by defendant, from judgment of C. P. No. 4, Phila. County, June T., 1896. No. 814, on verdict for plaintiffs. Trespass for death of plaintiffs’ father. Before Willson, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $2,106. Defendant appealed. Error assigned among others was in refusing to give binding instructions for defendant. The defendant was under no duty to warn the deceased: Bellows v. Pa. & N. Y. Canal & R. R. Co., 157 Pa. 51; Fulford v. Lehigh Valley R. R., 185 Pa. 329. One who is hired to perform a…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Thomas P. Fletcher, father of these minor children, the use plaintiffs, had been a street car conductor for nine years. Up to July 27, 1895, he had run only closed cars, most of that time on defendant’s Ridge avenue line, which has two tracks thirty-seven mches apart. Defendant also operated the Eighteenth and Twentieth street line, which is double track on York street between Sedgely avenue and Twenty-second street; the distance between the tracks at that point is thirty-seven and one half inches. About 5 o’clock in the afternoon of the day mentioned, the station…
2Cases cited6 opinions
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- Wagner v. H. W. Jayne Chemical Co.Supreme Court of Pennsylvania · 1892
- Rummel v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1890
- Brossman v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1886
- Bellows v. Pa. & N. Y. Canal & R. R.Supreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cracraft v. Bessemer Limestone Co.Supreme Court of Pennsylvania · 1904
- Lehigh & Wilkes-Barre Coal Co. v. SawickasCourt of Appeals for the Second Circuit · 1917
- Simmons v. Southern Traction Co.Supreme Court of Pennsylvania · 1904