Legal Opinion

Naye v. Philadelphia Rapid Transit Co.

Superior Court of Pennsylvania

Decided February 28, 1919No. Appeal, No. 6PublishedCited by 1 opinion

Appeal, No. 6, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia, February Term, 1917, No. 402, on verdict for plaintiff in case of James M. Naye v. Philadelphia Rapid Transit Company. Trespass to recover damages for injury to motor truck. Before MacNeille, J. The facts appear in the opinion of the Superior Court. Verdict for plaintiff for $94 and judgment thereon. Defendant appealed.

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Appeal, No. 6, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia, February Term, 1917, No. 402, on verdict for plaintiff in case of James M. Naye v. Philadelphia Rapid Transit Company. Trespass to recover damages for injury to motor truck. Before MacNeille, J. The facts appear in the opinion of the Superior Court. Verdict for plaintiff for $94 and judgment thereon. Defendant appealed. Error assigned, among others, was in dismissing motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Orlady, P. J.,

A verdict of $94 was rendered in plaintiff’s favor, which the court réfused to disturb. On this appeal the only assignment of error is that the court refused to give binding instructions in the defendant’s favor. It is urged the evidence shows that the plaintiff failed to have his truck under such control when he approached the track that he could stop it before the collision, and he was, therefore, guilty of such contributory negligence as would prevent a recovery. The jury alone should decide the controversy between the driver of the truck, and the defendant’s…

2Cases cited4 opinions

  1. Schmidt v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
  2. Spahr v. York Railways Co.Superior Court of Pennsylvania · 1912
  3. Robinson's AppealSupreme Court of Pennsylvania · 1869
  4. Fow v. Adams Express Co.Superior Court of Pennsylvania · 1917

3Cited by1 opinion

  1. Hawkins v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1922

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