Legal Opinion

Hershinger v. Pennsylvania Railroad

Superior Court of Pennsylvania

Decided May 11, 1904No. Appeal, No. 117PublishedCited by 11 opinions

Appeal, No. 117, Oct. T., 1903, by defendant, from judgment of C. P. No. 5, Pliila. Co., Dec. T., 1902, No. 1178, on verdict for plaintiff in case of Edwin Hershinger, by his next friend, Ida Hershinger, his Mother, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 117, Oct. T., 1903, by defendant, from judgment of C. P. No. 5, Pliila. Co., Dec. T., 1902, No. 1178, on verdict for plaintiff in case of Edwin Hershinger, by his next friend, Ida Hershinger, his Mother, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $30Q, Defendant appealed, Errors assigned were (1) portion of charge quoted in opinion of the Superior Court; (2) refusal of judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion by

Beaver, J.,

A horse attached to a hansom, bearing a name inscribed thereon was driven southward on the right side of Broad street. The plaintiff was upon a bicycle on the right side of the street *149going north. When nearly opposite each other, the driver of the hansom veered suddenly to the left, intending doubtless to water his horse at a fountain in the neighborhood. A collision occurred by which the plaintiff sustained bodily injuries. Hence this suit.

The name borne upon the hansom does not clearly appear in the evidence, as printed by the appellant. The testimony of the plaintiff…

2Cited by11 opinions

  1. Maloy v. Rosenbaum Co.Supreme Court of Pennsylvania · 1918
  2. Sprout v. KirkSuperior Court of Pennsylvania · 1923
  3. McMahen v. WhiteSuperior Court of Pennsylvania · 1906
  4. Kelton v. FiferSuperior Court of Pennsylvania · 1904
  5. O'Malley v. Public Ledger Co.Supreme Court of Pennsylvania · 1917

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