Kelly v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 287, Oct. T., 1917, by defendant, from judgment of C. P. Delaware Co., March T., 1911, No. 107, on verdict for plaintiff in case of James E. Kelly v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to two horses and a moving van in a collision with a car at the intersection of two streets. Verdict and judgment for plaintiff for $799.76. Defendant appealed. Error assigned was in overruling defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The only error alleged is that, the trial judge refused to direct a verdict for the defendant and subsequently refused to enter judgment, notwithstanding the verdict in plaintiff’s favor.
The disputed facts were fairly submitted to the jury in a charge which is free from error. The testimony of the plaintiff’s witnesses demonstrate that the motorman of the defendant’s car disregarded his duty by approaching this grade crossing at an excessive rate of speed, and failed to slow up his car, at the street intersection as required by the ordinance of the city. The…
2Cases cited3 opinions
- Mease v. United Traction Co.Supreme Court of Pennsylvania · 1904
- Randall v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1916
- Frame v. Electric Traction Co.Supreme Court of Pennsylvania · 1897