Hare v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 366, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., April T., 1915, No. 65, on verdict for plaintiff in case of C. Elizabeth Hare v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to two horses and a wagon. Before Crane, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $700. Defendant appealed.
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Appeal, No. 366, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., April T., 1915, No. 65, on verdict for plaintiff in case of C. Elizabeth Hare v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to two horses and a wagon. Before Crane, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $700. Defendant appealed. Error assigned was in refusing to enter judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The plaintiff recovered a verdict, as damages on account of injuries sustained by two horses and a wagon, at a grade crossing of the defendant company. The accident occurred on a clear day, while the plaintiff’s employee was driving an empty, open coal wagon on his return to the distributing yard of the plaintiff. The driver’s testimony is brief and free from any doubtful statement or inference. As he approached the tracks, with which he was familiar, he made a momentary stop before making a sharp turn from a street into the one which crossed the track. The horses’…
2Cases cited7 opinions
- Paul v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911
- Craig v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- Sefton v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1916
- Darbrinsky v. Pennsylvania Co.Supreme Court of Pennsylvania · 1915
- Dillon v. HegartySupreme Court of Pennsylvania · 1908
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