Cleary v. Pittsburgh
Supreme Court of Pennsylvania
Appeal, No. 179, Oct. T., 1896, by defendant, from judgment of G. P., No. 1, Allegheny Co., March T., 1895, No. 450, on verdict for plaintiff. Trespass for personal injuries. Before Collier, J. At the trial it appeared that plaintiff, a woman sixty years of age, was injured by a collision with one of defendant’s electric cars on August 20, 1894, at about half past seven in the evening.
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Appeal, No. 179, Oct. T., 1896, by defendant, from judgment of G. P., No. 1, Allegheny Co., March T., 1895, No. 450, on verdict for plaintiff. Trespass for personal injuries. Before Collier, J. At the trial it appeared that plaintiff, a woman sixty years of age, was injured by a collision with one of defendant’s electric cars on August 20, 1894, at about half past seven in the evening. The accident occurred in Pittsburg, at the end of the Sixth street bridge across the Allegheny river, between the cities of Pittsburg and Allegheny. The car which struck the plaintiff stopped, and the plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It is charitable to suppose that the plaintiff’s recollection was so confused after the accident as to make her testimony worthless, for she testifies that she looked around in the direction of the bridge and there was no car there, whereas the uniform and indisputable testimony of everyone else who saw the accident, including her own witness O’Hara, was that the car which struck her was within fifteen to twenty feet of her at that moment. This would therefore be a clear case of contributory negligence by stepping in front of a moving car, within the rule in…
2Cited by1 opinion
- Conner v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1909