Rauch v. Smedley
Supreme Court of Pennsylvania
Appeal, No. 123, Jan. T., 1903, by plaintiff, from judgment of C. P. No. 3, Phila. Co., March T., 1901, No. 2823, in case of Richard A. Rauch and Mary E. Rauch, his Wife, v. William H. Smedley and Franklin Smedley, trading as Smedley and Brother. Trespass for personal injury. Before Finletter, P. J. At the trial it appeared that on December 27,1900,Mary E. Rauch, one of the plaintiffs, was driving a one horse covered butcher’s wagon on Orthodox street.
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Appeal, No. 123, Jan. T., 1903, by plaintiff, from judgment of C. P. No. 3, Phila. Co., March T., 1901, No. 2823, in case of Richard A. Rauch and Mary E. Rauch, his Wife, v. William H. Smedley and Franklin Smedley, trading as Smedley and Brother. Trespass for personal injury. Before Finletter, P. J. At the trial it appeared that on December 27,1900,Mary E. Rauch, one of the plaintiffs, was driving a one horse covered butcher’s wagon on Orthodox street. A heavy lumber wagon belonging to defendants came into collision with plaintiff’s wagon, and Mrs, Rauch was injured. The circumstances of the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Cases are exceptional in which the court may direct a verdict for the defendant on the strength of testimony presented by him. They never arise where there is a real controversy as to the facts, or doubt as to the inferences to be drawn from them. The remedy for the wilful or capricious disregard of testimony is the granting of a new trial. Where the testimony offered by the plaintiff makes out a prima facie case by showing the existence of facts from which an inference of negligence arises, the case is necessarily for the jury, notwithstanding that the great…
2Cases cited4 opinions
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
- Devlin v. Beacon Light Co.Supreme Court of Pennsylvania · 1901
- Pennsylvania Railroad v. WeissSupreme Court of Pennsylvania · 1878
3Cited by13 opinions
- Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Battistone v. BenedettiSupreme Court of Pennsylvania · 1956
- Simons v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
- Helfrich v. GurnariSuperior Court of Pennsylvania · 1922
- New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914
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