Adams v. Lehigh Valley Transit Co.
Superior Court of Pennsylvania
Appeal, No. 30, Oct. T., 1910, by defendant, from judgment of C. P. Lehigh Co., Oct. Term, 1908, No. 26, on verdict for plaintiff in case of Homer Adams v. Lehigh Valley Transit Company. Trespass to recover damages for injuries to an automobile. Before Heydt, P. J., specially presiding. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $462.07. Defendant appealed.
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Appeal, No. 30, Oct. T., 1910, by defendant, from judgment of C. P. Lehigh Co., Oct. Term, 1908, No. 26, on verdict for plaintiff in case of Homer Adams v. Lehigh Valley Transit Company. Trespass to recover damages for injuries to an automobile. Before Heydt, P. J., specially presiding. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $462.07. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1DissentMorrison, J.
Our brother who writes the majority opinion says, “that the facts in this case make it a close one.”
In my opinion the undisputed facts convict the plaintiff of contributory negligence. He had been driving his automobile along the highway in close proximity to one of defendant’s cars which was going in the same direction as the plaintiff. In fact the testimony shows that the trolley car and the automobile ran side and side for a considerable distance when the former stopped to take on passengers. The plaintiff sought to establish by his testimony that the trolley car was running much faster…
2Cases cited2 opinions
- McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Speakman v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1910