Armstrong v. Consolidated Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 114, Oct. T., 1906, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. Term, 1901, No. 506, on verdict for plaintiff in case of William P. Armstrong v. Consolidated Traction Company. Trespass to recover damages for personal injuries. Before Collier, P. J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $5,975. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The question raised by this appeal is whether the case should have been withdrawn from the jury on the ground of contributory negligence. The plaintiff was injured at night while 'crossing Penn avenue at Seventh street in the city of Pittsburg. Cars were passing over the crossing every few seconds. There are two tracks on the avenue and two on Seventh street, and these tracks are connected by curves.and cars pass from the *597street to the avenue. There was a rule of the company, known to the plaintiff, that when a car had passed from the street to the avenue and was…
2Cases cited1 opinion
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
3Cited by6 opinions
- Donovan v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
- Ford v. ReinoehlSuperior Court of Pennsylvania · 1935
- Heaver v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1935
- Cornell v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
- Luckenbill v. Eastern Pennsylvania Railways Co.Superior Court of Pennsylvania · 1911
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