Cupps v. Traction Co.
Superior Court of Pennsylvania
Appeal, No. 118, April T., 1900, by defendant, in a suit of J. W. Cupps against the Consolidated Traction Company, from judgment of C. P. No. 3, Allegheny Co., May T., 1899, No. 613, on verdict for plaintiff. Opinion by W. W. Porter, J. Orlady, J., dissents. Trespass for personal injury. It appears from the evidence that the Consolidated Traction Company operates a double track street car line the entire distance of Fifth avenue in the city of Pittsburg.
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Appeal, No. 118, April T., 1900, by defendant, in a suit of J. W. Cupps against the Consolidated Traction Company, from judgment of C. P. No. 3, Allegheny Co., May T., 1899, No. 613, on verdict for plaintiff. Opinion by W. W. Porter, J. Orlady, J., dissents. Trespass for personal injury. It appears from the evidence that the Consolidated Traction Company operates a double track street car line the entire distance of Fifth avenue in the city of Pittsburg. In the portion of the city generally known as East End, about midway between Moorewood avenue and Bidwell street which both cross Fifth…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The only specification of error is the refusal of the court below to direct a verdict for the defendant as requested by the point of charge. There is little discussion in the arguments directed to the allegation of negligence on the part of the defendant. The appellant urges that the negligence of the plaintiff contributed to the accident which caused his injury, and claims that there should be a reversal of the judgment.
The plaintiff, with his wagon loaded with lumber, drove out of the private grounds of Mr. Miller. The driveway was a declivity. The plaintiff…
2Cases cited4 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Jones Bros. v. Greensburg, Jeannette & Pittsburg Street Railway Co.Superior Court of Pennsylvania · 1898
3Cited by4 opinions
- Brown v. Traction Co.Superior Court of Pennsylvania · 1900
- Potter v. Scranton Railway Co.Superior Court of Pennsylvania · 1902
- McCartney v. Union Traction Co.Superior Court of Pennsylvania · 1905
- McPhillips v. Union Traction Co.Superior Court of Pennsylvania · 1902