Legal Opinion

McCaw v. Union Traction Co.

Supreme Court of Pennsylvania

Decided March 30, 1903No. Appeal, No. 140PublishedCited by 8 opinions

Appeal, No. 140, Jan. T., 1902, by defendant, from judgment of C. P. No. 2, Pbila. Co., May T.t 1900, No. 861, on verdict for plaintiff in case of Robert McCaw v. Union Traction Company. Trespass to recover damages for personal injuries. Before Pennypacker, P. J. The circumstances of the accident are detailed at length in the opinion of the Supreme Court. Defendant presented these points. 10. Under the law and the evidence in this case the verdict must be for the defendant.

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Appeal, No. 140, Jan. T., 1902, by defendant, from judgment of C. P. No. 2, Pbila. Co., May T.t 1900, No. 861, on verdict for plaintiff in case of Robert McCaw v. Union Traction Company. Trespass to recover damages for personal injuries. Before Pennypacker, P. J. The circumstances of the accident are detailed at length in the opinion of the Supreme Court. Defendant presented these points. 10. Under the law and the evidence in this case the verdict must be for the defendant. Answer: I decline that point. [1] 4. The only negligence alleged is that the conductor’s act in mounting the west step,…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The chief and principal complaint of the defendant company, which is the appellant here, is that the trial court erred in not affirming its tenth point and in not withdrawing the case from the jury. This would have been manifest error. The learned trial judge submitted the case in a charge exceptionally clear, comprehensive and explicit on every point presented' for the consideration of the jury. The verdict was for the plaintiff and against the defendant company.

On Saturday evening, between five and six o’clock, on December 16,1899, Robert McCaw, the…

2Cases cited2 opinions

  1. Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
  2. Reber v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1897

3Cited by8 opinions

  1. Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
  2. Previsich v. Butte Electric Railway Co.Montana Supreme Court · 1913
  3. Laird v. Union Traction Co.Supreme Court of Pennsylvania · 1904
  4. Kallish v. American Base Ball ClubSuperior Court of Pennsylvania · 1939
  5. Alabama Great Southern R. R. v. GilbertAlabama Court of Appeals · 1912

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