O'Reilly v. Monongahela Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 27, April T., 1901, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 412, on verdict for plaintiff in case of Edward F. O’Reilly v. Monongahela Street Railway Company. Trespass to recover damages for personal injuries. Before Evans, J. At the trial it appeared that on the night'of June 12, 1899, plaintiff was driving a buggy, and was injured by a collision between the buggy and one of defendant’s cars.
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Appeal, No. 27, April T., 1901, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 412, on verdict for plaintiff in case of Edward F. O’Reilly v. Monongahela Street Railway Company. Trespass to recover damages for personal injuries. Before Evans, J. At the trial it appeared that on the night'of June 12, 1899, plaintiff was driving a buggy, and was injured by a collision between the buggy and one of defendant’s cars. Plaintiff* claimed that he was on the right-hand track when he was struck by a car approaching from behind. The defendant’s contention was that…
1Opinion of the Court
Opinion by
Beaver, J.,
Assuming the truthfulness of the plaintiffs testimony in regard to the accident, for which a recovery was had, it is difficult to determine wherein the defendant was. negligent. The plaintiff’s own account of the accident is much confused, owing to the fact that in the midst of it he was rendered unconscious. That of his companion is but little better. The testimony of the several witnesses of the defendant is consistent and intelligible. Which story was to be believed or how the two could be reconciled was within the province of the jury. In the apparent effort to…
2Cases cited5 opinions
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Lehigh Iron Co. v. RuppSupreme Court of Pennsylvania · 1882
- Mansfield Coal & Coke Co. v. McEnerySupreme Court of Pennsylvania · 1879
- McHugh v. SchlosserSupreme Court of Pennsylvania · 1894
- Wallace v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
3Cited by5 opinions
- Lorch v. EglinSupreme Court of Pennsylvania · 1952
- Baccare v. MennellaSuperior Court of Pennsylvania · 1976
- Reagan v. HarlanSuperior Court of Pennsylvania · 1903
- Hawkins v. West Side Electric Street Railway Co.Superior Court of Pennsylvania · 1916
- Nee v. Versailles TownshipSuperior Court of Pennsylvania · 1917