Kaechele v. Traction Co.
Superior Court of Pennsylvania
Appeal, No. 180, April T., 1900, by defendant, in suit of Frederick Kaechele against United Traction Company, from judgment of C. P. No. 2, Allegheny Co., April T., 1898, No. 941, on verdict for plaintiff. Opinion by Orlad y, J. Trespass for personal injuries. Before Shaeek, J. The facts sufficiently appear in the opinion of the court. The court below refused defendant’s point asking for binding instructions.
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Appeal, No. 180, April T., 1900, by defendant, in suit of Frederick Kaechele against United Traction Company, from judgment of C. P. No. 2, Allegheny Co., April T., 1898, No. 941, on verdict for plaintiff. Opinion by Orlad y, J. Trespass for personal injuries. Before Shaeek, J. The facts sufficiently appear in the opinion of the court. The court below refused defendant’s point asking for binding instructions. Verdict and judgment for plaintiff for fl,362.75. Defendant appealed. Error assigned was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Oblady, J.,
The plaintiff was driving a two horse bakery wagon along a township road which was occupied by a trolley track. He alleged that the night was dark and very foggy, and although there was ample roadway outside of the single trolley track that he had used the track in preference to the roadway because the latter was rough and the tracks were more safe, and that as he was coming slowly down the road — because one of the horses had a shoe off and he had to drive carefully —and was looking in front and listening, that a car, running at a high rate of speed, without a headlight…
2Cases cited5 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
- Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.Supreme Court of Pennsylvania · 1893
- Thatcher v. Central Traction Co.Supreme Court of Pennsylvania · 1895
- Miller v. Western National BankSupreme Court of Pennsylvania · 1896
3Cited by4 opinions
- Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
- Ensell v. Atlantic Refining Co.Superior Court of Pennsylvania · 1927
- Rose v. Southern Cambria Railway Co.Superior Court of Pennsylvania · 1914
- Hoffman v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1915