Kennedy v. Consolidated Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 62, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T\, 1902, No. 144, on verdict for plaintiff in case of Luther Kennedy v. Consolidated Traction Company. Trespass to recover damages for personal injuries. Before Macfarlane, J. , The circumstances of the accident are detailed in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,267. Defendant appealed.
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Appeal, No. 62, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T\, 1902, No. 144, on verdict for plaintiff in case of Luther Kennedy v. Consolidated Traction Company. Trespass to recover damages for personal injuries. Before Macfarlane, J. , The circumstances of the accident are detailed in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,267. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
Just before the accident which resulted in the injuries for which he here seeks to recover damages, Luther Kennedy drove a team of horses and an empty wagon north on Magee street to its intersection with Fifth avenue, in the city of Pitts-burg.
The streets in this vicinity, running north and south, do not cross Fifth avenue, but terminate there. Magee street ends at a point about half way between Logan street and Elm street, being approximately 140 feet from each, they being the nearest highways upon either side which lead north from Fifth avenue.
The defendant…
2Cases cited1 opinion
- Carson v. Federal Street & Pleasant Valley Ry. Co.Supreme Court of Pennsylvania · 1892
3Cited by2 opinions
- Mellinger v. Conestoga Traction Co.Superior Court of Pennsylvania · 1927
- Humes v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1915