Dix v. Railway Co.
Superior Court of Pennsylvania
Appeal, No. 127, Oct. T., 1900, by defendant, in suit of Alfred W. Dix against Ridge Avenue Passenger Railway Company, from judgment of C. P. No. 3, Phila. Co., March T., 1898, No. 196, on verdict for plaintiff. Opinion by Orlady, J, Trespass. Before McMichael, J. It appears from the undisputed evidence that plaintiff’s horse cast a shoe while driving west on the north street car track of Arch street between Eighth and Ninth streets, in the city of Philadelphia.
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Appeal, No. 127, Oct. T., 1900, by defendant, in suit of Alfred W. Dix against Ridge Avenue Passenger Railway Company, from judgment of C. P. No. 3, Phila. Co., March T., 1898, No. 196, on verdict for plaintiff. Opinion by Orlady, J, Trespass. Before McMichael, J. It appears from the undisputed evidence that plaintiff’s horse cast a shoe while driving west on the north street car track of Arch street between Eighth and Ninth streets, in the city of Philadelphia. There are two tracks on Arch street and between them just space for a man to stand between passing cars. Plaintiff, after the horse…
1Opinion of the Court
Opinion by
Orlady, J.,
On the trial of this case the defendant did not offer any evidence, but requested the court to instruct the jury that under all the evidence the verdict should be for the defendant. This was refused and the case was submitted to the jury, who returned a verdict in favor of the plaintiff. It is not necessary to refer to the alleged negligence of the defendant, as the plaintiff’s contributory negligence is so clearly established by his own *353testimony that the judgment must be reversed. The plaintiff testified to all the facts leading up to the accident in an exceptionally…
2Cases cited7 opinions
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Gilmartin v. Lackawanna Valley Rapid Transit Co.Supreme Court of Pennsylvania · 1898
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Watkins v. Union Traction Co.Supreme Court of Pennsylvania · 1900
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3Cited by1 opinion
- Rothweiler v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1927