Dunkle v. City Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 268, Jan. T., 1908, by plaintiff, from judgment of C. P. Blair Co., June T., 1902, No. 190, on verdict for defendant in case of L. G. Dunkle v. City Passenger Railway Company. Trespass to recover damages for personal injuries. Before Bell, P. J. The facts are stated in the opinion of the Supreme Court. At the trial binding instructions were given for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 268, Jan. T., 1908, by plaintiff, from judgment of C. P. Blair Co., June T., 1902, No. 190, on verdict for defendant in case of L. G. Dunkle v. City Passenger Railway Company. Trespass to recover damages for personal injuries. Before Bell, P. J. The facts are stated in the opinion of the Supreme Court. At the trial binding instructions were given for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The failure of duty from which springs the alleged negligence on the part of the appellee is limited to a very narrow compass. When the accident occurred the car of the appellee was running at a moderate rate of speed not exceeding four miles an hour. It was dark and the headlight of the car was properly lighted, the motor was in proper order and the car under control. The motorman was in his place and attending to his duties. There was therefore no substantial ground for negligence arising from the condition of the car or its management. It was, however,…
2Cases cited2 opinions
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
- Smith v. Holmesburg, Tacony & Frankford Electric Railway Co.Supreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- Hollihan v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
- Keller v. Conestoga Traction Co.Superior Court of Pennsylvania · 1911