Maloy v. Rosenbaum Co.
Supreme Court of Pennsylvania
Appeal, No. 175, Oct. T., 1917, by defendant, from judgment of O. P. Allegheny Co., April T., 1916, No. 2063, in case of John Maloy v. Rosenbaum Company. Trespass to recover damages for personal injuries. Before Ford, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,500 and judgment thereon. Defendant appealed. Errors assigned were instructions to the jury.
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Appeal, No. 175, Oct. T., 1917, by defendant, from judgment of O. P. Allegheny Co., April T., 1916, No. 2063, in case of John Maloy v. Rosenbaum Company. Trespass to recover damages for personal injuries. Before Ford, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,500 and judgment thereon. Defendant appealed. Errors assigned were instructions to the jury. Uncontradicted testimony of both plaintiff’s and defendant’s witnesses establishes the fact that the chauffeur of the automobile was indulging in a joy ride at the time of the accident: Lotz v. Hanlon, 217…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On Saturday evening, January 29, 1916, about ten o’clock, plaintiff, while traversing a public highway in the City of Pittsburgh, was knocked down and injured by a delivery automobile belonging to defendant corporation ; he sued in trespass, alleging negligence, and recovered a verdict, upon which judgment was entered; defendant has appealed.
The appellant admits that the issues as to plaintiff’s contributory negligence and the negligence of the driver of the automobile were both properly submitted to the jury; but it contends that the evidence relied upon to…
2Cases cited6 opinions
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
- Luckett v. ReighardSupreme Court of Pennsylvania · 1915
- Williams v. Ludwig Floral Co.Supreme Court of Pennsylvania · 1916
- Quigley v. ThompsonSupreme Court of Pennsylvania · 1905
- O'Malley v. Public Ledger Co.Supreme Court of Pennsylvania · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- Clewell v. PummerSupreme Court of Pennsylvania · 1957
- Elia v. OlszewskiSupreme Court of Pennsylvania · 1951
- Kaplan v. LoevSupreme Court of Pennsylvania · 1937
- Wilson v. KallenbachSupreme Court of Pennsylvania · 1938
43 more not listed; retrieve them via the Exa API.