Legal Opinion

Rose v. Southern Cambria Railway Co.

Superior Court of Pennsylvania

Decided July 15, 1914No. Appeal, No. 138PublishedCited by 3 opinions

Appeal, No. 138, April T., 1914, by defendant, from judgment of C. P. Cambria Co., March T., 1911, No. 243, on verdict for plaintiff in case of Charles Rose v. The Southern Cambria Railway Company. Trespass to recover damages for injuries to a team and wagon.

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Appeal, No. 138, April T., 1914, by defendant, from judgment of C. P. Cambria Co., March T., 1911, No. 243, on verdict for plaintiff in case of Charles Rose v. The Southern Cambria Railway Company. Trespass to recover damages for injuries to a team and wagon. Before Baldridge, P. J. At the trial it appeared that plaintiff’s team was injured in a head-on collision on June 9, 1910, at about three o’clock in the afternoon on Church street in the city of Johnstown, at a point of about fifty or sixty feet from where a sharp curve came from a private right of way on to the street. Below the curve…

1Opinion of the Court

Opinion by

Oblad y, J.,

The plaintiff recovered a verdict representing the damages done to a team of horses and wagon in a collision with a car operated by the defendant company. The principal contention on this appeal is, whether or not the evidence justified the submission of the case to the jury. The plaintiff was driving his own team of four horses, drawing a heavily loaded wagon of stone over a public street of an eight per cent grade, with which he was familiar. The defendant’s tracks were laid near to the curb line at one side of the street. The remaining portion of the street was paved…

2Cases cited7 opinions

  1. Carson v. Federal Street & Pleasant Valley Ry. Co.Supreme Court of Pennsylvania · 1892
  2. Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
  3. Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
  4. Mortimer v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1907
  5. Kaechele v. Traction Co.Superior Court of Pennsylvania · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. C. L. Lavine, Inc. v. Phila. R. T. Co.Superior Court of Pennsylvania · 1929
  2. Bowders v. Hagerstown & Frederick Railway Co.Superior Court of Pennsylvania · 1918
  3. Hoffman v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1915

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