Bell v. Jacobs
Supreme Court of Pennsylvania
Appeal, No. 39, Jan. T., 1918, by defendant, from judgment of C. P. Berks Co., Nov. T., 1916, No. 30, on verdict for plaintiff in case of Mattie M. Bell v. William E. Jacobs. Trespass to recover damages for death of plaintiff’s husband. Before Endlich, P. J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed.
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Appeal, No. 39, Jan. T., 1918, by defendant, from judgment of C. P. Berks Co., Nov. T., 1916, No. 30, on verdict for plaintiff in case of Mattie M. Bell v. William E. Jacobs. Trespass to recover damages for death of plaintiff’s husband. Before Endlich, P. J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed. Errors assigned, among others, were various rulings on evidence, the refusal of defendant’s points for charge and the refusal of defendant’s motion for judgment non obstante veredicto-.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an action of trespass for alleged negligence resulting in the death of plaintiffs husband. Spring street extends through the City of Reading in an easterly and westerly direction and passes under the tracks of tbe Philadelphia & Reading Railway by a rightangle subway. The paved roadway of the street is of the width of forty-two feet and descends sharply to the east as you approach the subway from the west. On May 20, 1916, plaintiff’s husband rode his motorcycle west on this street, and, after passing through the subway, met defendant’s automobile coming…
2Cases cited2 opinions
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
- Foote v. American Product Co.Supreme Court of Pennsylvania · 1900
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- SMALICH v. WestfallSupreme Court of Pennsylvania · 1970
- Jinks v. CurrieSupreme Court of Pennsylvania · 1936
- Beam v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1951
- Murphy v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1925
- Stafford v. Roadway Transit Co.District Court, W.D. Pennsylvania · 1947
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