Legal Opinion

Wanner v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided May 6, 1918No. Appeal, No. 254PublishedCited by 13 opinions

Appeal, No. 254, Jan. T., 1917, by defendant, from judgment of C. P. Berks County, Aug. T., 1916, No. 106, on verdict for plaintiff, in case of Annie Wanner v. Philadelphia & Beading Bailway Company. Trespass to recover damages for personal injuries. Before Wagner, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $8,000 and judgment thereon. Defendant appealed.

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Appeal, No. 254, Jan. T., 1917, by defendant, from judgment of C. P. Berks County, Aug. T., 1916, No. 106, on verdict for plaintiff, in case of Annie Wanner v. Philadelphia & Beading Bailway Company. Trespass to recover damages for personal injuries. Before Wagner, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $8,000 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff sued for and recovered damages for the death of her husband who was killed at a grade crossing by defendant’s engine while riding as a passenger in an automobile. Defendant now appeals from the action of the court below in discharging its motion for judgment non obstante veredicto, and contends the court’s action was erroneous for the reasons, first, there was no evidence of negligence' on the part of defendant and, second, deceased was guilty of contributory negligence.

At the time of the accident deceased was a passenger in an automobile hired from the…

2Cases cited4 opinions

  1. Centofanti v. Penna. R. R.Supreme Court of Pennsylvania · 1914
  2. Hardie v. BarrettSupreme Court of Pennsylvania · 1917
  3. Bickel v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
  4. Senft v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1914

3Cited by13 opinions

  1. Kilpatrick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1927
  2. Black v. MartinMontana Supreme Court · 1930
  3. Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
  4. Kelly v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
  5. Mellon Et Ux. v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1924

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