Legal Opinion

Stonecipher v. Booth & Flinn, Ltd.

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 138PublishedCited by 4 opinions

Appeal, No. 138, April T., 1912, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1908, No. 366, on verdict for plaintiff in case of D. E. Stonecipher and Emma Stonecipher v. Booth & Flinn, Ltd. Trespass to recover damages for personal injuries. At the trial it appeared that the plaintiff, Emma Stone-cipher, was injured on June 28,1907, while driving a buggy along the Frankfort road.

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Appeal, No. 138, April T., 1912, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1908, No. 366, on verdict for plaintiff in case of D. E. Stonecipher and Emma Stonecipher v. Booth & Flinn, Ltd. Trespass to recover damages for personal injuries. At the trial it appeared that the plaintiff, Emma Stone-cipher, was injured on June 28,1907, while driving a buggy along the Frankfort road. The horse which she was driving became frightened at a stump which the defendants, a firm of road contractors, had left on the margin of the road. The circumstances of the accident are…

1Opinion of the Court

Opinion by

Henderson, J.,

All of the appellant’s points except that requesting binding instructions were affirmed and no exception is taken to the evidence presented or to the charge of the court nor is it contended that the evidence was not sufficient to require the submission of the case to the jury on the allegation of negligence on the part of the defendant. *53The single question for consideration, therefore, is, does the plaintiff’s evidence disclose such a clear case of contributory negligence as required the court to give binding instructions for the defendant. The rule has been frequently…

2Cases cited2 opinions

  1. Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
  2. Pennsylvania Railroad v. WhiteSupreme Court of Pennsylvania · 1879

3Cited by4 opinions

  1. Keller v. City of Port WashingtonWisconsin Supreme Court · 1929
  2. Hadley v. City of CoatesvilleSuperior Court of Pennsylvania · 1922
  3. Rufo v. PhiladelphiaSuperior Court of Pennsylvania · 1915
  4. Wright v. Borough of BellefonteSuperior Court of Pennsylvania · 1928

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