Flynn v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 186, Oct. T., 1911, by defendant from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1908, No. 23, on verdict for plaintiff in case of Elizabeth Flynn v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,000. Defendant appealed.
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Appeal, No. 186, Oct. T., 1911, by defendant from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1908, No. 23, on verdict for plaintiff in case of Elizabeth Flynn v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,000. Defendant appealed. Errors assigned were in refusing binding instruc-' tions for defendant, and in refusing defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The contributory negligence of the plaintiff below was so clear that the defendant’s motion for a non-suit should have prevailed, or, at the close of the testimony, a verdict ought to have been directed in its favor. After leaving a street car on California Avenue, in the City of Allegheny, the appellee, with several others, walked down an alley to Beaver Avenue, for the purpose of boarding a car on the south side of that avenue. There were two tracks of the defendant company upon it, and to reach the one on the south side it was necessary to cross over the one on…
2Cases cited4 opinions
- Marks' Adm'r v. Petersburg RailroadSupreme Court of Virginia · 1891
- McKinney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1894
- Crooks v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1907
- Central Railroad Co. of New Jersey v. FellerSupreme Court of Pennsylvania · 1877
3Cited by17 opinions
- Murphy v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1925
- Dopler v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1931
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Patton v. GeorgeSupreme Court of Pennsylvania · 1925
- Shields v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1918
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