Mease v. United Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 39, Jan. T., 1904, by plaintiff, from order of C. P. Berks Co., March T., 1903,. No. 49, refusing to take off nonsuit in case of George Mease y. United Traction Company. Trespass to recover damages for personal injuries. Before Endlich, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 39, Jan. T., 1904, by plaintiff, from order of C. P. Berks Co., March T., 1903,. No. 49, refusing to take off nonsuit in case of George Mease y. United Traction Company. Trespass to recover damages for personal injuries. Before Endlich, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Errors assigned were (1) ruling on evidence referred to in the opinion of the Supreme Court; (2) refusal to take off non-suit.
1Opinion of the Court
Per Curiam,
There is no view of the plaintiff’s testimony that relieves him from the charge of contributory negligence. He testified that when at the building line of the street he looked for a car and saw one a block away, about 480 feet, approaching the crossing. He drove slowly twenty-eight feet to the track and looked a second time when his horse was on the track or about to step on it, and saw the car at the middle of the block. He drove on at a slow walk and the front wheel of his wagon was struck almost instantly, according to his testimony, within a half second of the time he looked.…
2Cases cited4 opinions
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Wharton v. DouglassSupreme Court of Pennsylvania · 1874
- Smith v. Arsenal BankSupreme Court of Pennsylvania · 1883
- Mundis v. EmigSupreme Court of Pennsylvania · 1895
3Cited by11 opinions
- Hunter v. BremerSupreme Court of Pennsylvania · 1917
- Ickes v. IckesSupreme Court of Pennsylvania · 1912
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Jones v. Dubuque Fire & Marine InsuranceSupreme Court of Pennsylvania · 1934
- Houston Bros. v. Consolidated Traction Co.Superior Court of Pennsylvania · 1905
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