Lyons v. West Chester Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 193, Oct. T., 1920, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1919, No. 4526, on verdict for plaintiff in the case of Dennis C. Lyons v. West Chester Street Railway Company. Trespass to recover damages for injuries to automobile. Before Davis, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $422.71 and judgment thereon. Defendant appealed.
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Appeal, No. 193, Oct. T., 1920, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1919, No. 4526, on verdict for plaintiff in the case of Dennis C. Lyons v. West Chester Street Railway Company. Trespass to recover damages for injuries to automobile. Before Davis, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $422.71 and judgment thereon. Defendant appealed. Error assigned was refusal of the defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Orlady, P. J.,.This action of trespass was brought to recover damages for injuries to the plaintiff’s automobile by reason of a collision with the defendant’s trolley car in the Borough of Downingtown, the negligence alleged being that the car was operated at a high and excessive rate of speed, and the motorman failed in doing his duty of neglecting to have it under proper control or to give warning of its approach, and in failing to stop to avoid the accident.
On the trial it appeared that there was a single street railway track to be crossed by the plaintiff’s chauffeur, who was…
2Cases cited1 opinion
- Clifford v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1921