McGovern v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 66, Jan. T., 1899, by plaintiff, from order of C. P. No. 4, Pliila. Co., Sept. T., 1895, No. 258, refusing to take off nonsuit. Trespass to recover damages for the death of plaintiff’s wife.
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Appeal, No. 66, Jan. T., 1899, by plaintiff, from order of C. P. No. 4, Pliila. Co., Sept. T., 1895, No. 258, refusing to take off nonsuit. Trespass to recover damages for the death of plaintiff’s wife. The facts appear by the opinion of Audenried, J., entering nonsuit, which opinion was in part as follows: This is an action of trespass, brought by Bernard McGovern against the Union Traction Company to recover damages by reason of the killing of his wife through the alleged negligent operation of a car on South street by the officers, agents or employees of the defendant corporation. The…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It is conceded that with reference to the speed of the car and the inattention of the motorman there was evidence to take the case to the jury, but the judge nonsuited the plaintiff on the ground of contributory negligence of the deceased.
There are two classes of cases, considered with regard to this kind of accident, in which nonsuits are properly entered, first, the class of which Carroll v. R. R. Co., 12 W. N. C. 348, is the prototype, where a person not looking, or claiming to have looked and not to have seen what was manifestly and unavoidably visible,…
2Cases cited2 opinions
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Nugent v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
3Cited by9 opinions
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Clark v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1934
- Cawley v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1910
- Conyngham v. Erie Electric Motor Co.Superior Court of Pennsylvania · 1901
- Gara v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1935
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