Barto v. Beaver Valley Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 158, Oct. T., 1906, by plaintiffs, from judgment of C. P. Beaver Co., Sept. T., 1905, No. 302, on verdict for defendant in case of J. A. Barto and A. I. Barto, his wife, v. Beaver Valley Traction Company. Trespass to recover damages for personal injuries. Before Holt, P. J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 158, Oct. T., 1906, by plaintiffs, from judgment of C. P. Beaver Co., Sept. T., 1905, No. 302, on verdict for defendant in case of J. A. Barto and A. I. Barto, his wife, v. Beaver Valley Traction Company. Trespass to recover damages for personal injuries. Before Holt, P. J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The defendant has a single track electric railway on one of the streets of the borough of. Monaea, on which one car is run every fifteen minutes. The track is at the middle of the street and there is room on either side for vehicles. The space between the rails is paved; the rest of the street is an ordinary dirt road. The plaintiffs at night were riding in a buggy at a slow trot on the track. The top of the buggy was down and they had looked back several times to see whether a car was coming. They first observed the car when it was a rod from them, and the buggy…
2Cases cited2 opinions
- Gilmartin v. Lackawanna Valley Rapid Transit Co.Supreme Court of Pennsylvania · 1898
- Penman v. McKeesport, Duquesne & Wilmerding RailwaySupreme Court of Pennsylvania · 1902
3Cited by5 opinions
- Hause v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1909
- Brown v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1928
- Adams v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1911
- Luckenbill v. Eastern Pennsylvania Railways Co.Superior Court of Pennsylvania · 1911
- Speakman v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1910