Legal Opinion

Martin v. Pittsburg Railways Co.

Supreme Court of Pennsylvania

Decided November 3, 1909No. Appeal, No. 209PublishedCited by 49 opinions

Oct. T., 1909, by plaintiff, from judgment of C.'P. No. 3, Allegheny Co., Nov. T., 1904, No. 962, for defendant non obstante veredicto in case of Margaret Martin, for herself and as next friend for Michael Martin, and John' Martin v. Pittsburg Railways Company. Trespass to recover damages for death of plaintiff’s husband. Before Davis, J. The opinion of the Supreme Court states the case.

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Oct. T., 1909, by plaintiff, from judgment of C.'P. No. 3, Allegheny Co., Nov. T., 1904, No. 962, for defendant non obstante veredicto in case of Margaret Martin, for herself and as next friend for Michael Martin, and John' Martin v. Pittsburg Railways Company. Trespass to recover damages for death of plaintiff’s husband. Before Davis, J. The opinion of the Supreme Court states the case. At the trial the jury returned a verdict for plaintiff for $5,625. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

January 3, 1910:

This is an appeal from the judgment entered by the court below for defendant non obstante veredicto. The accident occurred on January 21, 1904, and the original statement of *20claim was filed November 2, 1904. The negligence charged was that the car was running at an excessive rate of speed; that there was no headlight on the car; and that no bell was rung nor gong sounded as the car approached the crossing. The theory of the case then was that the decedent while attempting to cross a public street was negligently run down and fatally injured by a car…

2Cited by49 opinions

  1. Fisher v. HillSupreme Court of Pennsylvania · 1951
  2. Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
  3. Junk v. East End Fire DepartmentSuperior Court of Pennsylvania · 1978
  4. Smith v. FennerSupreme Court of Pennsylvania · 1960
  5. Guy v. Stoecklein Baking Co.Superior Court of Pennsylvania · 1938

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