Knaell v. Pittsburgh, Mars & Butler Railway Co.
Superior Court of Pennsylvania
Appeal, No. 135, April T., 1924, by defendant, from judgment of C. P. Butler Co., Sept. T., 1922, No. 87, on verdict in favor of plaintiff in the case of George Knaell v. Pittsburgh, Mars & Butler Railway Company. Trespass to recover damages for personal injuries. Before Reiber, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $2,000 and judgment thereon. Defendant appealed.
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Appeal, No. 135, April T., 1924, by defendant, from judgment of C. P. Butler Co., Sept. T., 1922, No. 87, on verdict in favor of plaintiff in the case of George Knaell v. Pittsburgh, Mars & Butler Railway Company. Trespass to recover damages for personal injuries. Before Reiber, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $2,000 and judgment thereon. Defendant appealed. Error assigned was, among others, refusal of defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Trexler, J.,
Plaintiff driving a Ford touring car at a rate of speed of about 5 miles an hour was about to cross defendant’s interurban trolley road at a grade crossing on a public highway near the Borough of Mars. When he was within 10 feet of the crossing, the front of his car being about 4 or 5 feet from it, he saw the trolley car approaching on a down grade about 125 feet away and knowing he had not time to cross he attempted to stop his machine, but failed to avoid a collision. He states that the momentum of the automobile carried it over the' first rail. The plaintiff was…
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