Dyer v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 66, Oct. T., 1913, by defendant, from judgment of C. P. No. 5, Phila; Co.,-Sept. T., 1904, No. 2,620, on verdict for plaintiff in case of Thomas Dyer v.. Philadelphia Rapid Transit Company. - Trespass to recover damages for personal injuries and for .injuries to a wagon and harness. Before. Rals.ton, J. ’ ■ ; The circumstances of the accident are stated in the opinion of the Superior Court. . .• •Verdict and judgment for plaintiff for $400. Plaintiff appealed.
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Appeal, No. 66, Oct. T., 1913, by defendant, from judgment of C. P. No. 5, Phila; Co.,-Sept. T., 1904, No. 2,620, on verdict for plaintiff in case of Thomas Dyer v.. Philadelphia Rapid Transit Company. - Trespass to recover damages for personal injuries and for .injuries to a wagon and harness. Before. Rals.ton, J. ’ ■ ; The circumstances of the accident are stated in the opinion of the Superior Court. . .• •Verdict and judgment for plaintiff for $400. Plaintiff appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Trexler, J.,
The only error alleged is that the court should have directed a verdict for the defendant. The testimony of the witnesses in this case is contradictory. A reading of it, however, shows that there was enough to sustain the Verdict for the plaintiff. Taking the plaintiff’s version of the affair he was driving a milk wagon eastward in the car track on Norris street on which there was a single-track trolley, road... He was approaching Trenton avenue, a cross street upon which there are five railroad tracks crossing Norris street at right angles. Plaintiff saw defendant’s car…
2Cases cited3 opinions
- Iseminger v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1903
- Thatcher v. Central Traction Co.Supreme Court of Pennsylvania · 1895
- Edsberg v. Baldwin Locomotive WorksSupreme Court of Pennsylvania · 1913
3Cited by4 opinions
- McPherson v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1924
- Boden v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1921
- Fleck v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1916
- Hoffman v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1915