McKee v. Harrisburg Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 3, May T., 1904, by defendant, from judgment of C. P. Daupliiu Co., June T., 1903, No. 487, on verdict for plaintiff in case of James T. McKee v. Harrisburg Traction. Company. Trespass to recover damages for personal injuries. Before Weiss, P. J. The particulars of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $5,000. Defendant appealed.
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Appeal, No. 3, May T., 1904, by defendant, from judgment of C. P. Daupliiu Co., June T., 1903, No. 487, on verdict for plaintiff in case of James T. McKee v. Harrisburg Traction. Company. Trespass to recover damages for personal injuries. Before Weiss, P. J. The particulars of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $5,000. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
On a Sunday afternoon in July the plaintiff was riding on a bicycle on a street in Harrisburg on which the defendant’s electric cars ran. Behind him a man was riding a horse at a slow trot and leading another horse, for the purposé of accustoming them to the electric cars. Fearing injury by the horses the plaintiff turned aside and allowed -them to pass by him, and then followed twenty or twenty-five feet behind them. When about the middle of the block the led horse showed some evidence of fright at an electric car which approached from the opposite direction, and…
2Cases cited7 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Funk v. Electric Traction Co.Supreme Court of Pennsylvania · 1896
- Phillips v. People's Passenger Railway Co.Supreme Court of Pennsylvania · 1899
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Hestonville, Mantua, & Fairmount Passenger Railroad v. KelleySupreme Court of Pennsylvania · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Leslie v. CatanzaroSupreme Court of Pennsylvania · 1922
- Hoover v. SackettSuperior Court of Pennsylvania · 1972
- Clise v. PruntyWest Virginia Supreme Court · 1932
- Griffiths v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1928
- Kovacs v. AjharSuperior Court of Pennsylvania · 1937
1 more not listed; retrieve them via the Exa API.