Legal Opinion

Conyngham v. Erie Electric Motor Co.

Superior Court of Pennsylvania

Decided January 22, 1901No. Appeal, No. 227PublishedCited by 6 opinions

Appeal, No. 227, April T., 1900, by defendant, from judgment of C. P. Erie Co., Sept. T., 1899, No. 24, on verdict for plaintiff in case of John J. Conyngham v. Erie Electric Motor Company. Trespass for personal injuries.

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Appeal, No. 227, April T., 1900, by defendant, from judgment of C. P. Erie Co., Sept. T., 1899, No. 24, on verdict for plaintiff in case of John J. Conyngham v. Erie Electric Motor Company. Trespass for personal injuries. Before Walling, P. J. At the trial it appeared that on the evening of April 13,1899, between 9 and 10 o’clock, John J. Conyngham, the plaintiff, was driving a one-horse wagon across the defendant’s tracks at the corner of Eleventh and Parade streets in the city of Erie, when a car running on Eleventh street collided with his wagon, and plaintiff was thrown into the street…

1Opinion of the Court

Opinion by

Oklady, J.,

When driving in a one-horse open wagon the plaintiff was injured in a collision with a car of the defendant company at a point where its single • track electric railway intersected the street on which he was traveling. The negligence of the company is established with reasonable clearness by the testimony of the motorman, who could easily have brought the car to a standstill within the distance he had to control it, if it had been moving at the speed mentioned by him. The appellant bases the case largely on the testimony of the plaintiff, and argues that “ from that…

2Cases cited7 opinions

  1. Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
  2. Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
  3. McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
  4. Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
  5. Penn. R. v. BellSupreme Court of Pennsylvania · 1888

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

3Cited by6 opinions

  1. Daniel v. LanceSuperior Court of Pennsylvania · 1902
  2. Russell v. Westmoreland CountySuperior Court of Pennsylvania · 1904
  3. Miller v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1914
  4. Shaughnessy v. Consolidated Traction Co.Superior Court of Pennsylvania · 1901
  5. Hetzlein. v. Johnstown Traction Co.Supreme Court of Pennsylvania · 1950

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

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