O'Malley v. Scranton Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1898, by defendant, from judgment of C. P. Lackawanna Co., Noy. T., 1894, No. 207, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Gunster, J. At tbe trial it appeared that plaintiff was injured on June 27, 1894, by being struck by a trolley car while he was engaged at work in repairing the pavement at a point on Washington avenue in the city of Scranton.
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Appeal, No. 205, Jan. T., 1898, by defendant, from judgment of C. P. Lackawanna Co., Noy. T., 1894, No. 207, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Gunster, J. At tbe trial it appeared that plaintiff was injured on June 27, 1894, by being struck by a trolley car while he was engaged at work in repairing the pavement at a point on Washington avenue in the city of Scranton. Plaintiff was one of a gang of workmen employed by the Barber Asphalt Company. The circumstances of the accident are stated in the charge which was in part as follows: The…
1Opinion of the Court
Opinion by
Mb. Chief Justice Stebbett,
This action was brought to recover damages for personal injuries caused by the negligence of defendant company in carelessly and recklessly running one of its cars into a gang of workmen (of which the plaintiff was one) then engaged in repairing or paving Wasliington avenue on which defendant’s railway was laid. The evidence tended so strongly to establish the fact of negligence, on which the action was based, that, in order to escape the consequences thereof, the defendant contended that plaintiff was guilty of negligence which contributed to his…
2Cited by4 opinions
- Zandt v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1915
- Kilgallen v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1930
- Chew v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1926
- Richards v. Reading Co., Pennsylvania Court of Common Pleas, Perry County1938