Kern v. Second Avenue Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 76, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny County, July Term, 1897, No. 288, on verdict for plaintiff. Trespass for personal injuries. Before Shaeer, J. The facts are fully stated in the opinion of the Supreme Court.
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Appeal, No. 76, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny County, July Term, 1897, No. 288, on verdict for plaintiff. Trespass for personal injuries. Before Shaeer, J. The facts are fully stated in the opinion of the Supreme Court. Defendant’s first point and the answer thereto were as follows : 1. The uncontradicted evidence showing that — at the time the collision occurred between the car and the wagon on which plaintiff was riding — a board pile from twelve to sixteen feet square and from ten to twelve feet high stood within a few feet of defendant’s track, and…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
We need not tell this appellee what his duty was in approaching the tracks of the street railway company, for he seems to have understood it as well as we could declare it. He testifies that after his wagon was loaded, he left it standing about 100 or 125 feet from the track, and walked up and looked to see whether a car was coming. He further says he could see at least a quarter of a mile, and no car was in sight. He then returned to his wagon and, starting His horses, drove up to about ten or twelve feet from the track, stopped again and looked, having a view of…
2Cases cited2 opinions
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Downey v. Pittsburgh, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1894
3Cited by2 opinions
- Timler v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
- Brown v. Traction Co.Superior Court of Pennsylvania · 1900