Nugent v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 602, Jan. T., 1896, by-defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1893, No. 382, on verdict for plaintiff. Trespass for personal injuries. Before Pennypacker, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 602, Jan. T., 1896, by-defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1893, No. 382, on verdict for plaintiff. Trespass for personal injuries. Before Pennypacker, J. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: 4. If the plaintiff stepped upon the track and was immediately struck by a moving car that came from the direction in which he says he looked, it is conclusive evidence that he did not effectually look; he is therefore guilty of contributory negligence and cannot recover in this…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff was seriously injured by one of the cars belonging to the defendant company. He alleges that this injury was due to the defendant’s negligence. On the other hand, it is asserted that the plaintiff was guilty of such contributory negli*162gence as clearly makes Mm the author of his own misfortune. It becomes necessary therefore to ascertain and state the facts as shown by the testimony, in order that we may determine up^ on which side of the line drawn in Davidson v. Lake Shore, etc., R. R. Co., 171 Pa. 522, this case may fall. The plaintiff had spent…
2Cases cited2 opinions
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Buzby v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1889
3Cited by7 opinions
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Patton v. GeorgeSupreme Court of Pennsylvania · 1925
- Ferencz v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1941
- McGovern v. Union Traction Co.Supreme Court of Pennsylvania · 1899
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