Robb v. Quaker City Cab Co.

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtWALLING, J.
Citation129 A. 331
Decision Date11 May 1925
PartiesROBB v. QUAKER CITY CAB CO.
129 A. 331

ROBB
v.
QUAKER CITY CAB CO.

Supreme Court of Pennsylvania.

May 11, 1925.


129 A. 332

Appeal from Court of Common Pleas No. 4, Philadelphia County; Charles Y. Audenreid, President Judge.

Action by James L, Robb against the Quaker City Cab Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Argued before MOSCHZISKER, C. J., and FRAZER, WALLING, SIMPSON, KEPHART, SADLER, and SCHAFFER, JJ.

E. W. Lank and Wm. W. Smithers (of Smithers, Lank & Horan), both of Philadelphia, for appellant.

C. Donald Swartz (of Swartz & Campbell), of Philadelphia, for appellee.

WALLING, J. South Broad street, Philadelphia, is intersected at right angles by Carpenter street. In the center of the former and extending northerly about 8 feet from the north line of the latter is an oval shaped elevated safety zone called an "island," which divides traffic in Broad street, that on the west side being south-bound. On the morning of January 8, 1923, the plaintiff, James L. Robb, in going to his work, walked south upon the west sidewalk of Broad street until within about 40 feet of Carpenter street, where he looked north and south, and, seeing no vehicle approaching, started diagonally across the cartway in the west side of Broad street, going on a trot toward the south end of the safety zone, which he had nearly reached when run down and permanently injured by one of defendant's southbound taxicabs. For the damages thus sustained plaintiff brought this suit, the trial of which resulted in a verdict and judgment in his favor, and defendant appealed.

Manifestly the question of defendant's negligence was for the jury. It was daylight; there was no other vehicle or pedestrian present to divert the driver's attention; and plaintiff kept a straight course. Furthermore, the taxicab was moving at such speed that it covered at least 326 feet and probably 500 feet while plaintiff trotted 50 feet, then dragged him 25 feet, and ran about 125 feet more before coming to a stop. No signal was given of its approach except a blast of the horn at the moment of accident. Again, plaintiff was within 2 feet of the island when struck, thus leaving an open space of more than 28 feet between him and the west curb, where defendant's taxicab might have passed in safety. To run a pedestrian down, who is in plain sight and does not change his course, is evidence of negligence. King et al. v. Brillhart, 271 Pa. 301, 114 A. 515. And see Petrie v. E. A. Myers Co., 269 Pa. 134, 112 A. 240; Streitfeld v. Shoemaker, 185 Pa. 265, 39 A. 967. Plaintiff was struck practically at a street intersection, a place which it was the driver's duty to approach with caution and have his car...

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27 practice notes
  • In re Raynolds' Estate
    • United States
    • United States State Supreme Court (New Jersey)
    • July 16, 1942
    ...indicia of undue influence, or other slight circumstances, is sufficient to shift this burden, citing Loveridge v. Brown, 98 N.J.Eq. 381, 129 A. 331. The other "slight circumstances" or "indicia" which must exist, in order that the burden of proof shifts to the proponents, are cited in Re B......
  • Grimes v. Yellow Cab Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • March 23, 1942
    ...of the taxicab driver's negligence to the jury. See Schoepp v. Gerety, 263 Pa. 538, 107 A. 317; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Johnston v. Cheyney, 297 Pa. 199, 146 A. 551; Smith v. Wistar, 327 Pa. 419, 194 A. As to appellants Magan and the Fire Insurance Patrol, the ......
  • Smith v. Wistar
    • United States
    • United States State Supreme Court of Pennsylvania
    • October 8, 1937
    ...required of motorists at street crossings. Schoepp v. Gerety, 263 Pa. 538, 107 A. 317; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Johnston v. Cheyney, supra. It cannot be held as a matter of law that the plaintiff was contributorily negligent. Before attempting the crossing she l......
  • Kerr v. Conn. Co.
    • United States
    • Supreme Court of Connecticut
    • February 17, 1928
    ...would take under those conditions. Buttelli v. Jersey City Ry. Co., 59 N. J. Law, 302, 36 A. 700; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Robbins v. Springfield Ry. Co., 165 Mass. 30, 42 N. E. There is nothing in the finding of facts to show that he took any precautions whatev......
  • Request a trial to view additional results
27 cases
  • In re Raynolds' Estate
    • United States
    • United States State Supreme Court (New Jersey)
    • July 16, 1942
    ...indicia of undue influence, or other slight circumstances, is sufficient to shift this burden, citing Loveridge v. Brown, 98 N.J.Eq. 381, 129 A. 331. The other "slight circumstances" or "indicia" which must exist, in order that the burden of proof shifts to the proponents, are cited in Re B......
  • Grimes v. Yellow Cab Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • March 23, 1942
    ...of the taxicab driver's negligence to the jury. See Schoepp v. Gerety, 263 Pa. 538, 107 A. 317; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Johnston v. Cheyney, 297 Pa. 199, 146 A. 551; Smith v. Wistar, 327 Pa. 419, 194 A. As to appellants Magan and the Fire Insurance Patrol, the ......
  • Smith v. Wistar
    • United States
    • United States State Supreme Court of Pennsylvania
    • October 8, 1937
    ...required of motorists at street crossings. Schoepp v. Gerety, 263 Pa. 538, 107 A. 317; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Johnston v. Cheyney, supra. It cannot be held as a matter of law that the plaintiff was contributorily negligent. Before attempting the crossing she l......
  • Kerr v. Conn. Co.
    • United States
    • Supreme Court of Connecticut
    • February 17, 1928
    ...would take under those conditions. Buttelli v. Jersey City Ry. Co., 59 N. J. Law, 302, 36 A. 700; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Robbins v. Springfield Ry. Co., 165 Mass. 30, 42 N. E. There is nothing in the finding of facts to show that he took any precautions whatev......
  • Request a trial to view additional results

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