Fenner v. Wilkes-Barre & Wyoming Valley Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., Jan. T., 1899, No. 102, on verdict for plaintiff in case of John W. Fenñer and Emma Fenner v. Wilkes-Barre & Wyoming Valley Traction Company and the Borough of Ashley. Trespass to recover damages for death of plaintiff’s son. Before Halsey, J. The court gave binding instructions in fayor of the borough of Asbley. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 164, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., Jan. T., 1899, No. 102, on verdict for plaintiff in case of John W. Fenñer and Emma Fenner v. Wilkes-Barre & Wyoming Valley Traction Company and the Borough of Ashley. Trespass to recover damages for death of plaintiff’s son. Before Halsey, J. The court gave binding instructions in fayor of the borough of Asbley. The facts are stated in the opinion of the Supreme Court. Error assigned, among others, was in refusing binding instructions for tbe other defendant.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In the trial of the cause in the court below a recovery was resisted on the ground (1) that the evidence showed the deceased guilty of contributory negligence, and (2) that it failed to disclose negligence on the part of the defendant company. The jury found in favor of the plaintiffs on both questions and the defendant has appealed, alleging as error the court’s refusal to withdraw the case from the jury.
The accident which resulted in the death of Edwin Fenner, the son of the plaintiffs, occurred on the track of the defendant company on Main street which runs…
2Cases cited4 opinions
- Bornscheuer v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1901
- Carson v. Federal Street & Pleasant Valley Ry. Co.Supreme Court of Pennsylvania · 1892
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Thatcher v. Central Traction Co.Supreme Court of Pennsylvania · 1895
3Cited by12 opinions
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Harrison v. Mobile Light R. Co.Supreme Court of Alabama · 1936
- McFarland v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1903
- Brown v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1928
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