Bready v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 136, Oct. T., 1916, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1914, No. 242, for defendant non obstante veredicto in case of George J. Bready v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries, and injuries to an automobile. Before Swartz, P. J. At the trial the jury returned a verdict for $217.75. Subsequently the court entered judgment for defendant non obstante veredicto.
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Appeal, No. 136, Oct. T., 1916, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1914, No. 242, for defendant non obstante veredicto in case of George J. Bready v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries, and injuries to an automobile. Before Swartz, P. J. At the trial the jury returned a verdict for $217.75. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto,
1Opinion of the Court
Opinion by
Orlady, P. J.,
The judgment in this case was entered for the defendant non obstante veredicto and the plaintiff brings this appeal.
The plaintiff’s right to the verdict is to be determined by his own testimony, which, taken with that of his witnesses establishes facts which must result in our holding that he was guilty of such contributory negligence that he should not recover. He was familiar with the crossing he attempted to enter and knew it had special dangers on account of hedges, poles, etc., which obstructed his view, and that it was liable to be used any moment by a trolley…
2Cases cited12 opinions
- Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
- McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Timler v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
- Keenan v. Union Traction Co.Supreme Court of Pennsylvania · 1902
- Miller North Broad Storage Co. v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1916
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3Cited by3 opinions
- Griffith v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Kraus v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1918
- Walker v. Reading Transit & Light Co.Superior Court of Pennsylvania · 1928