Willis v. Second Avenue Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 150, Oet. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 52,’on verdict for plaintiff. Trespass for personal injuries. Before Collier, J. At the trial it appeared that on April 8, 1897, defendant’s car had been stopped in front of the lowered safety gates at a railroad crossing at a time when a train was passing.
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Appeal, No. 150, Oet. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 52,’on verdict for plaintiff. Trespass for personal injuries. Before Collier, J. At the trial it appeared that on April 8, 1897, defendant’s car had been stopped in front of the lowered safety gates at a railroad crossing at a time when a train was passing. Suddenly, and without any apparent cause, the electrical current came on, the car plunged through the safety gate and collided with the rear car of the railroad train. Plaintiff was injured, both internally and externally while…
1Opinion of the Court
Pee Cueiam,
There was no doubt as to the negligence of the defendant company, and it was not practicable to attribute contributory negligence to the plaintiff. There was nothing loft but to determine the amount of the damages to which the plaintiff was entitled. Of course this was exclusively for the jury. The amount of the verdict does not seem to be excessive, and upon another trial it might be much exceeded. While there may be some warrant for complaint against the charge on the subject of damages, we cannot say that it was positively erroneous. The one expression seriously complained of…
2Cited by6 opinions
- Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
- Robb v. Niles-Bement-Pond Co.Supreme Court of Pennsylvania · 1921
- City of Philadelphia v. Nationwide InsuranceCommonwealth Court of Pennsylvania · 1985
- McGonnell v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1912
- Lehner v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1909
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