Legal Opinion

Fineburg v. Second & Third Streets Passenger Railway Co.

Supreme Court of Pennsylvania

Decided July 15, 1897No. Appeal, No. 5PublishedCited by 5 opinions

Appeal, No. 5, Jan. T., 1895, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1898, No. Ill, on verdict for plaintiff. Trespass for personal injuries. Before Biddle, P. J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 5, Jan. T., 1895, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1898, No. Ill, on verdict for plaintiff. Trespass for personal injuries. Before Biddle, P. J. The facts appear by the opinion of the Supreme Court. The court charged as follows : This action is brought on behalf of Emanuel Fineburg against the Second and Third Streets Passenger Railway Company to recover damages for injuries it is claimed he suffered by the negligence of this company. These actions are familiarly termed actions of negligence, which is a very good name for them, because that is the…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The injury complained of in this case was received while the defendant company was using horses as a motive power for its street cars. The verdict seems to be clearly against the weight of the evidence. This circumstance standing alone is not a ground for reversing the judgment; but the appellant alleges that the verdict .may have resulted from the manner in which the case was submitted to the jury, and assigns error to the charge of the learned trial judge. Let us see first what case the evidence on the part of the plaintiff presented; and then *102look at the…

2Cases cited4 opinions

  1. Reichenbach v. RuddachSupreme Court of Pennsylvania · 1889
  2. Knapp v. GriffinSupreme Court of Pennsylvania · 1891
  3. Lerch v. BardSupreme Court of Pennsylvania · 1896
  4. Young v. MerkelSupreme Court of Pennsylvania · 1894

3Cited by5 opinions

  1. Davies v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
  2. Lingle v. Scranton Railway Co.Supreme Court of Pennsylvania · 1906
  3. Weiss v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1924
  4. Ransom v. PhiladelphiaSuperior Court of Pennsylvania · 1937
  5. Gould v. Atlantic City RailroadSuperior Court of Pennsylvania · 1917

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