Holmes v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 256, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1899, No. 237, on verdict for defendant in case of Sidney Holmes v. Union Traction Company. Trespass to recover damages for personal injuries.
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Appeal, No. 256, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1899, No. 237, on verdict for defendant in case of Sidney Holmes v. Union Traction Company. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that on October 30, 1899, about eleven o’clock in the morning, plaintiff started to cross Girard avenue in Philadelphia on which the defendant company operated two tracks of railway, in order to take a car on the far track. Although the day was rainy, the view of the tracks was not obstructed. She twice saw the…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
This case was properly taken from the jury, and we must assume, in the absence of any reason given by the learned trial judge, that it was for the right one that the appellant’s carelessness and negligence stood in the way of her right to recover, and not for the wrong one that, by her alleged release, she had discharged the company from all liability to her. At any rate, the judgment is what it ought to be, and, as there was a good and controlling reason for directing the verdict for the defendant, it cannot be disturbed because the court may have relied upon the…
2Cited by1 opinion
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