Nolder v. McKeesport, Wilmerding & Duquense Railway Co.
Supreme Court of Pennsylvania
Appeal, Nos. 46 and 47, Oct. T., by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 568, on verdict for plaintiff in case of A. S. Nolder in his own right and as father and next friend of Anna Bell Nolder v. McKeesport, Wilmerding & Duquense Railway Company. Trespass to recover damages for personal injuries sustained by a child four years old. Before Shaeer, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, Nos. 46 and 47, Oct. T., by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 568, on verdict for plaintiff in case of A. S. Nolder in his own right and as father and next friend of Anna Bell Nolder v. McKeesport, Wilmerding & Duquense Railway Company. Trespass to recover damages for personal injuries sustained by a child four years old. Before Shaeer, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $550 and $2,250, respectively. Defendant appealed. Error assigned was in refusing binding instructions for…
1Opinion of the Court
Per Curiam,
No error was committed by the court in the submission of the case to the jury. There was evidence showing that the car was moving at an unusual rate of speed. The motorman referring to it on cross-examination said, “We were going at the rate that full power takes us,” “ and were going as fast as the car could go.” There was also testimony showing that the child started to cross the street when the car was at least 100 feet away and when she was in plain view of the motorman who could readily have seen her in time to have stopped the car. See Kroesen v. New Castle Electric St. Ry.…
2Cases cited1 opinion
- Kroesen v. New Castle Electric Street Railway Co.Supreme Court of Pennsylvania · 1901