Tatarewicz v. United Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 197, Jan. T., 1907, by defendant, from judgment of O. P. Berks Co., Aug. T., 1906, No. 21, on verdict for plaintiff in case of Simon Tatarewicz and Julia Tatarewicz, by her next friend and father, Simon Tatarewicz, v. The United Traction Company. Trespass to recover damages for injuries to a child about nine years old.
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Appeal, No. 197, Jan. T., 1907, by defendant, from judgment of O. P. Berks Co., Aug. T., 1906, No. 21, on verdict for plaintiff in case of Simon Tatarewicz and Julia Tatarewicz, by her next friend and father, Simon Tatarewicz, v. The United Traction Company. Trespass to recover damages for injuries to a child about nine years old. At the trial it appeared that Julia Tatarewicz, a, child nine and half years of age, was injured on November 18, 1905, by being run down by one of the defendant’s cars. The evidence tended to show that the motorman saw-the child running towards the track when the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The negligence alleged in the statement of claim is that the agents and employees of the defendant company ran the car which caused the accident along the street carelessly and inattentively at an undue and unusual rate of speed, without giving any signal or warning of its approach. The answer of appellant is that the accident did not occur at a street crossing, and hence ordinarily there was no duty to give signals, and that the evidence of undue speed only amounted to a scintilla, and should not have been submitted to the jury, and that there was not sufficient…
2Cases cited5 opinions
- Evers v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
- Jones v. United Traction Co.Supreme Court of Pennsylvania · 1902
- Conner v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1907
- Sontgen v. Kittanning & Ford City Street RailwaySupreme Court of Pennsylvania · 1905
- Woeckner v. Erie Electric Motor Co.Supreme Court of Pennsylvania · 1896
3Cited by26 opinions
- Scholl v. Philadelphia Suburban Transportation Co.Supreme Court of Pennsylvania · 1947
- Goldberg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1929
- Kuehne v. BrownSupreme Court of Pennsylvania · 1917
- Cox v. Wilkes-Barre Railway Corp.Supreme Court of Pennsylvania · 1940
- Kuhns v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1927
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