Legal Opinion

Dyer v. Philadelphia Rapid Transit Co.

Superior Court of Pennsylvania

Decided February 24, 1915No. Appeal, No. 66PublishedCited by 4 opinions

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

  1. Iseminger v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1903
  2. Thatcher v. Central Traction Co.Supreme Court of Pennsylvania · 1895
  3. Edsberg v. Baldwin Locomotive WorksSupreme Court of Pennsylvania · 1913

3Cited by4 opinions

  1. McPherson v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1924
  2. Boden v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1921
  3. Fleck v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1916
  4. Hoffman v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1915

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