Van Winckler v. Morris
Superior Court of Pennsylvania
Appeal, No. 190, Ocf. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 5,193, on verdict for plaintiff in case of Linda M. Van Winckler et al., v. William Morris. Trespass to recover damages for personal injury. Before Kinsey, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for Linda M. Van Winckler for $1,500, and Herbert Van Winckler for $500. Defendant appealed.
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Appeal, No. 190, Ocf. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 5,193, on verdict for plaintiff in case of Linda M. Van Winckler et al., v. William Morris. Trespass to recover damages for personal injury. Before Kinsey, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for Linda M. Van Winckler for $1,500, and Herbert Van Winckler for $500. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff while waiting for a street car at the corner of prominent streets, and standing on the pavement about two feet inside of the curb, was knocked down and run over by an automobile.
*143The defendant testified with exceptional candor, and it is urged that the jury should have been directed to return a verdict in his favor, because the unfortunate accident was due to unexpected and unavoidable causes for which he should not be held responsible.
He had ten years’ experience in driving his own car from 75,000 to 100,000 miles. This car was a new one of forty-eight to…
2Cited by7 opinions
- Hatch v. RobinsonSuperior Court of Pennsylvania · 1930
- Klein Et Ux. v. WeissbergSuperior Court of Pennsylvania · 1934
- Goldenberg v. Philadelphia Rural Transit Co.Superior Court of Pennsylvania · 1933
- Corse v. FergusonSuperior Court of Pennsylvania · 1935
- Taylor v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
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