Flemming v. Southern Pennsylvania Traction Co.
Superior Court of Pennsylvania
Appeals, Nos. 251 and 252, Oct. T., 1914, by defendant, from judgment of C. P. Delaware Co., June T., 1912, No. 163, on verdict for plaintiff in case of Ethel Flemming, by her father and next friend John Flemming, and John Flemming v. Southern Pennsylvania Traction Company. Trespass to recover damages for personal injuries.
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Appeals, Nos. 251 and 252, Oct. T., 1914, by defendant, from judgment of C. P. Delaware Co., June T., 1912, No. 163, on verdict for plaintiff in case of Ethel Flemming, by her father and next friend John Flemming, and John Flemming v. Southern Pennsylvania Traction Company. Trespass to recover damages for personal injuries. Before Broomall, J. At the trial the plaintiff testified that in alighting from one of defendant’s cars about 7.30 in the evening of January 26, 1912, she slipped on ice or packed snow which had accumulated on the step from a snowstorm which had ended in the middle of the…
1Opinion of the Court
Opinion by
Orlady, J.,
Two verdicts were returned by the jury and the two appeals are presented in one argument. The plaintiff’s right to recover depended entirely on oral testimony and the controverted facts were so fairly submitted by the trial judge that no exception was taken to his charge. The appellant contends that binding instructions should have been given in its favor, and subsequently that a judgment should have been entered non obstante veredicto.
The fair preponderance of the testimony was in favor of the defendant’s claim as to the cause of the accident, and the jury might well…
2Cases cited2 opinions
- Neslie v. Second & Third Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1886
- Sutton v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
3Cited by1 opinion
- Wilson v. Reading Co.Superior Court of Pennsylvania · 1929