Kraut v. Frankford & Southwark Phila. City Pass. Ry.
Supreme Court of Pennsylvania
Appeal, No. 11, Jan. T., 1894, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 257, on verdict for plaintiff, John George Kraut. Trespass for personal injuries. Before Brégy, J. . The facts appear by the opinion of the Supreme Court.
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Appeal, No. 11, Jan. T., 1894, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 257, on verdict for plaintiff, John George Kraut. Trespass for personal injuries. Before Brégy, J. . The facts appear by the opinion of the Supreme Court. At the trial the court admitted in evidence, under objection and exception by defendant, an agreement between the Delaware River Railroad Co. and the city of Philadelphia, dated July 8, 1857; also ordinances of the city of Philadelphia approved July 7,1857, April 1,1859, and Oct. 16,1860 ; and also the act of June 9, 1857, P. L. 802,…
1Opinion of the Court
Opinion by
Mb, Justice Fell,
The defendant has two tracks on Berks street, which curve northward into Front street. On the night of the plaintiff’s injury he was walking south on the west side of Front street, with the intention of crossing Berks. The substance of his testimony is that when he reached the corner of these streets, and before he left the pavement, he saw a car coming east on Berks street, on the track further from him, and twenty or thirty yards from the crossing. Supposing that he would have time before the car reached him, he started to cross Berks street on the flag or…
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