Legal Opinion

Davis v. Osborn

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeal, No. 345PublishedCited by 1 opinion

Appeal, No. 345, Oct. T., 1915, by plaintiff, from judgment of C. P. Bradford Co., Sept. T., 1915, No. 123, for defendant n. o. v. in case of Helen S. Davis, by Catharine M. Davis, her next friend, v. Lee Osborn. Trespass to recover damages for personal injuries. Before Heck, P. J., specially presiding. The circumstances of the accident are stated in the opinion of the Superior Court.

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Appeal, No. 345, Oct. T., 1915, by plaintiff, from judgment of C. P. Bradford Co., Sept. T., 1915, No. 123, for defendant n. o. v. in case of Helen S. Davis, by Catharine M. Davis, her next friend, v. Lee Osborn. Trespass to recover damages for personal injuries. Before Heck, P. J., specially presiding. The circumstances of the accident are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for $607.50. Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defend' ant n. o. v.

1Opinion of the Court

Opinion by

Trexler, J.,

This is an action of trespass wherein the plaintiff seeks to recover for injuries due to the defendant’s negligent operation of an automobile. The jury found for the plaintiff, but the court entered judgment in favor of the defendant, n. o. v. The plaintiff was crossing the street diagonally, between blocks, not at a regular crossjpg, about 9:30 o’clock in the evening in the town of *293Athens. She was going at an ordinary gait. She has no recollection of the accident, hut we gather from the narration of the witnesses that when she saw the lights of the approaching…

2Cases cited4 opinions

  1. Keiser v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
  2. Diver v. Singer Manufacturing Co.Supreme Court of Pennsylvania · 1903
  3. Presser v. DoughertySupreme Court of Pennsylvania · 1913
  4. Tolson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915

3Cited by1 opinion

  1. Reaney v. JonesSuperior Court of Pennsylvania · 1921

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