Dougherty v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 70, Oct. T., 1905, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dee. T., 1902, No. 776, on verdict for plaintiff in case of Josephine Dougherty v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before MacFarlane, J. At the trial it appeared that the accident was due to the failure of the brakes to work on the car on which the plaintiff was riding as a passenger. The brakes did not work because of a broken chain.
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Appeal, No. 70, Oct. T., 1905, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dee. T., 1902, No. 776, on verdict for plaintiff in case of Josephine Dougherty v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before MacFarlane, J. At the trial it appeared that the accident was due to the failure of the brakes to work on the car on which the plaintiff was riding as a passenger. The brakes did not work because of a broken chain. The court charged in part as follows : [When a passenger gets upon a street railway car and pays his or her fare, a contract…
1Opinion of the Court
Pee Ctteiam,
The first assignment of error is to the refusal of the court to withdraw a juror because counsel for the plaintiff in his closing address said that the defendant had admitted that damages amounting to $9,000 or $10,000 had been sustained, when in fact no admission had been made. Counsel should be held to a strict accountability for language used in addressing the jury, and where willful or reckless misstatements of the evidence are made a juror should be withdrawn or a new trial granted, but such action by the court was not called for in this case. There was no contradiction of…
2Cited by12 opinions
- Wagner v. Hazle TownshipSupreme Court of Pennsylvania · 1906
- Vaughan v. MageeCourt of Appeals for the Third Circuit · 1914
- Carothers v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Commonwealth v. StriepekeSuperior Court of Pennsylvania · 1906
- Philadelphia & R. Ry. Co. v. SkermanCourt of Appeals for the Second Circuit · 1917
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