Cunningham v. Wilkes-Barre Railway Co.
Superior Court of Pennsylvania
Appeal, No. 28, March T., 1922, by defendant, from judgment of C. P. Luzerne Co., May T., 1916, No. 311, on verdict for plaintiff in the case of John Cunningham v. Wilkes-Barre Railway Corn: pany. Trespass to recover damages for personal injuries. Before Harmon, P. J., 26th District, specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,000 and judgment thereon. Defendant appealed.
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Appeal, No. 28, March T., 1922, by defendant, from judgment of C. P. Luzerne Co., May T., 1916, No. 311, on verdict for plaintiff in the case of John Cunningham v. Wilkes-Barre Railway Corn: pany. Trespass to recover damages for personal injuries. Before Harmon, P. J., 26th District, specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,000 and judgment thereon. Defendant appealed. Error assigned, among others, was refusal of defendant’s motion for judgment non obstante veredicto. The superintendent of the defendant company in this case…
1Opinion of the Court
Opinion by
Keller, J.,
Plaintiff was injured, September 22, 1914, in a head-on collision between two of defendant’s trolley cars. He was acting as motorman of the one car. The other was being operated by Edward Ervin, defendant’s superintendent. The verdict establishes that Ervin negligently ran his car past a signal set against him causing the collision, and acquits the plaintiff of contributory negligence. The questions raised by the appeal are: (1) Whether under the circumstances of the case defendant is responsible in damages to plaintiff for Ervin’s negligence, and (2) whether in the state…
2Cases cited19 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Flanigan v. McLeanSupreme Court of Pennsylvania · 1920
- Martin v. Atchison, Topeka & Santa Fe RailroadSupreme Court of the United States · 1897
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
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3Cited by1 opinion
- Ventresca v. VentrescaSuperior Court of Pennsylvania · 1956