Legal Opinion

Ehrisman v. East Harrisburg City Passenger Railway Co.

Supreme Court of Pennsylvania

Decided July 13, 1892No. Appeal, No. 10PublishedCited by 52 opinions

Appeal, No. 10, May T., 1892, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1892, No. 312, on verdict for plaintiff, in trespass for personal injuries, caused by the alleged negligence of defendant. The evidence was to the following effect, on the trial, before Simonton, P. J.: On the forenoon of a clear day in August, plaintiff was going down south Second street, Harrisburg, with his horse and wagon loaded with produce and truck.

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Appeal, No. 10, May T., 1892, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1892, No. 312, on verdict for plaintiff, in trespass for personal injuries, caused by the alleged negligence of defendant. The evidence was to the following effect, on the trial, before Simonton, P. J.: On the forenoon of a clear day in August, plaintiff was going down south Second street, Harrisburg, with his horse and wagon loaded with produce and truck. The electric street railway of defendant company was located on this street, and at that time extended to Hanna street, about a half mile below…

1Opinion of the Court

Opinion by

Mb. Chief Justice Passon,

On the 26th of August, 1891, the plaintiff was driving a one horse market-wagon along Second street in the city of Harrisburg. In attempting to cross the defendant company’s road upon this street, his wagon was struck by a moving car, causing the injury for which this suit was brought. He was driving down the street in the same direction as the car, and, when about fifty or sixty feet from the track, according to his testimony, he looked out but did not see a car coming. He then drove his horse, to use his own expression, “ cati-cornered ” across the track,…

2Cases cited1 opinion

  1. Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873

3Cited by52 opinions

  1. Smith v. Philadelphia Transp. Co.Court of Appeals for the Third Circuit · 1949
  2. Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
  3. Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
  4. Denver City Tramway Co. v. NortonCourt of Appeals for the Eighth Circuit · 1905
  5. Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895

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