Wheelahan v. Phila. Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 403, Jan. T., 1891, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1890, No. 180, on verdict for plaintiff in trespass for personal injuries caused by alleged negligence of defendant. The facts as they appeared at the trial, before Brjeg-y, J., are stated substantially in the opinion of the Supreme court. A witness for plaintiff testified that when plaintiff was fifteen or twenty feet from the track, the motor car was half a square away.
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Appeal, No. 403, Jan. T., 1891, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1890, No. 180, on verdict for plaintiff in trespass for personal injuries caused by alleged negligence of defendant. The facts as they appeared at the trial, before Brjeg-y, J., are stated substantially in the opinion of the Supreme court. A witness for plaintiff testified that when plaintiff was fifteen or twenty feet from the track, the motor car was half a square away. The court refused to give binding instructions for defendant. Verdict for plaintiff for $368.75, and judgment thereon,…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
This case is ruled by Ehrisman y. East Harrisburg City Passenger Railway Co., decided herewith. [The preceding case.] The plaintiff, in attempting to cross the track of the defendant company on Seventh street, with his horses and wagon, was struck by a passing car, which caused the injury for which this suit was brought. There was a hood to his wagon, which confined his view to twenty-five or thirty feet on each side. When he reached the crossing stones on the east side of Seventh street, he looked up and down as far as the hood permitted, about twenty-five…
2Cases cited1 opinion
- Thomas v. Citizens Pass. Ry. Co.Supreme Court of Pennsylvania · 1890
3Cited by8 opinions
- Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.Supreme Court of Pennsylvania · 1893
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Keenan v. Union Traction Co.Supreme Court of Pennsylvania · 1902
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