Farley v. Altoona & Logan Valley Electric Railway Co.
Superior Court of Pennsylvania
Appeal, No. 53, Oct. T., 1906, by defendant, from judgment of C. P. Blair Go., Jan. T., 1906, No. 318, on verdict for plaintiff in case of John C. Farley v. Altoona & Logan Valley Electric Railway Company. Motion to quash appeal on the ground that the testimony was not properly certified by the trial judge. No certificate was filed in the court below until after the record had been removed.
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Appeal, No. 53, Oct. T., 1906, by defendant, from judgment of C. P. Blair Go., Jan. T., 1906, No. 318, on verdict for plaintiff in case of John C. Farley v. Altoona & Logan Valley Electric Railway Company. Motion to quash appeal on the ground that the testimony was not properly certified by the trial judge. No certificate was filed in the court below until after the record had been removed. At the hearing before the Superior Court, the following paper was submitted by appellant’s counsel: “ The foregoing notes of testimony with the exceptions taken by counsels during the trial to the…
1Opinion of the Court
Per Curiam,
As shown by the court’s answer to the defendant’s third point (sixth assignment), there was evidence from which a jury could find that the motorman was not paying that attention to the track in front of him which, in view of the speed of the car, the time of night, the travel upon the highway, and the other circumstances was required of him, and that if he had not been negligent in this particular the collision with the plaintiff’s vehicle would not have occurred. As to the question of the plaintiff’s contributory negligence we remark, that this is not a case where the party…
2Cases cited6 opinions
- Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893
- Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
- Harris v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
- Smith v. Phila. Traction Co.Superior Court of Pennsylvania · 1896
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3Cited by4 opinions
- Commonwealth v. DuffySuperior Court of Pennsylvania · 1912
- McCord v. Baltimore & O. R.Court of Appeals for the Third Circuit · 1911
- Commonwealth v. BaileySuperior Court of Pennsylvania · 1927
- Lister v. Pennsylvania Telephone Co.Superior Court of Pennsylvania · 1909