Moser v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 219, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 5, Phila. Co., June T\, 1901, No. 1305, on verdict for defendant in case of William C. Moser v. Union Traction Company. Trespass to recover damages for personal injuries. Before Ralston, J. The circumstances of the accident are detailed in the opinion of the Supreme Court. The trial judge gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 219, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 5, Phila. Co., June T\, 1901, No. 1305, on verdict for defendant in case of William C. Moser v. Union Traction Company. Trespass to recover damages for personal injuries. Before Ralston, J. The circumstances of the accident are detailed in the opinion of the Supreme Court. The trial judge gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Potter,
Upon, the trial of this case it appeared that the plaintiff did not look for an approaching car at the moment when he was about to cross the track, nor did he see that the car which struck him was near until after the collision occurred. For this reason, at the close of the plaintiff’s testimony, the learned trial judge entered a judgment of compulsory nonsuit.
He was entirely justified in so doing. The plaintiff testified that as he came up Thirtieth street to the southern line of Girard avenue, he stopped his horse and wagon at a point about opposite the building…
2Cases cited4 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
3Cited by9 opinions
- Timler v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
- Smith v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1905
- Houston Bros. v. Consolidated Traction Co.Superior Court of Pennsylvania · 1905
- Kannenberg v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1906
- Bane v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1914
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