Legal Opinion

Armstrong v. Conestoga Traction Co.

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 138Published

Appeal, No. 138, Oct. T., 1918, by defendant, from judgment of C. P. Lancaster Co., February T., 1917, No. 36, on verdict for plaintiff in case of Isaac J. Armstrong v. Conestoga Traction Company. Trespass for injuries to horse and wagon. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $29.87. Defendant appealed.

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Appeal, No. 138, Oct. T., 1918, by defendant, from judgment of C. P. Lancaster Co., February T., 1917, No. 36, on verdict for plaintiff in case of Isaac J. Armstrong v. Conestoga Traction Company. Trespass for injuries to horse and wagon. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $29.87. Defendant appealed. Errors assigned were refusal of the court to direct a verdict for defendant and to enter judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff recovered a verdict in the court below of $29.87, as damages for injuries sustained to Ms wagon, harness, etc., in a grade crossing accident in the City of Lancaster, the only assignment of error being the refusal of the court to affirm a point submitted by the defendant, that under the law and evidence the verdict of the jury should be for the defendant, and for refusing to enter judgment non obstante veredicto.

The accident happened at nine o’clock in the morning, when the plaintiff, who was driving his milk delivery wagon, crossed the tracks of the…

2Cases cited5 opinions

  1. Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
  2. Timler v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
  3. Hamilton v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
  4. Sefton v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1916
  5. Short v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1917

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