Owens v. Peoples Passenger Ry.
Supreme Court of Pennsylvania
Appeal, No. 443, Jan. T., 1892, by defendant, from C. P. No. 1, Phila. Co., Sept. T., 1890, No. 126, on verdict for plaintiff, William H. Owens. Trespass for personal injuries. At the trial, before Bregy, J., it appeared that plaintiff, an employee of the city of Philadelphia, was injured by a car of defendant company running into him while he was engaged in laying a water pipe under defendant’s tracks.
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Appeal, No. 443, Jan. T., 1892, by defendant, from C. P. No. 1, Phila. Co., Sept. T., 1890, No. 126, on verdict for plaintiff, William H. Owens. Trespass for personal injuries. At the trial, before Bregy, J., it appeared that plaintiff, an employee of the city of Philadelphia, was injured by a car of defendant company running into him while he was engaged in laying a water pipe under defendant’s tracks. The manner in which the accident happened is described in the opinion of the Supreme Court. The court, under objection, permitted plaintiff to testify as follows: “ Q. What notice was given to…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The specifications from one to six inclusive complain of the submission of the case to the jury and of the charge of the court. In support of the claim that the ease was not for the jury, it is urged that the evidence failed to show any negligence on the part of the appellant, and that it showed negligence on the part of the appellee which caused or contributed to the injury he received. It was conceded by the learned court below that if the appellant’s explanation of the occurrence was accepted by the jury as verity, there could be no recovery against the…
2Cited by8 opinions
- Zandt v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1915
- McDonald v. United StatesDistrict Court, M.D. Pennsylvania · 1983
- Schenkel v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1899
- Kilgallen v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1930
- Chew v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1926
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