Legal Opinion

Karahuta v. Schuylkill Traction Co.

Superior Court of Pennsylvania

Decided January 18, 1898No. Appeal, No. 160PublishedCited by 8 opinions

Appeal, No. 160, Oct. T., 1897, by-defendant, from judgment of C. P. Schuylkill Co., Jan. T., 1895, No. 207, on verdict for plaintiff. Trespass by parent to recover damages for the death of bis son, who was struck by car of the defendant company. Before SavtdGe, P. J. The facts sufficiently appear in the opinion of tbe court. Verdict and judgment for plaintiff for 1565.50. Defendant appealed. Error assigned was refusal of binding instructions for defendant.

1Opinion of the Court

Opinion by

Porter, J.,

The only specification of ei’ror in this case is the refusal of the court below to give binding instructions to the jury to find for the defendants. This request is based upon the propositions first that the defendants were not guilty of negligence; and second, that the plaintiff, (the father of the child who was killed) was guilty of contributory negligence.

A decision of this case requires a consideration of the testimony. The plaintiff is a foreigner, having lived at the time of the accident, but seven years in this country. His residence was on Centre street in the…

2Cases cited4 opinions

  1. Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
  2. Woeckner v. Erie Electric Motor Co.Supreme Court of Pennsylvania · 1897
  3. Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874
  4. Dunseath v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1894

3Cited by8 opinions

  1. Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
  2. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  3. Goldberg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1929
  4. Phillips v. Duquesne Traction Co.Superior Court of Pennsylvania · 1898
  5. Distasio v. United Traction Co.Superior Court of Pennsylvania · 1908

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