Klingmann v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 188, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1914, No. 1429, for defendant upon the whole record in case of Albert H. Klingmann v. The Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Carpenter, J. The opinion of the Supreme Court states the facts. The jury disagreed, and the court entered judgment for defendant upon the whole record. Plaintiff appealed.
Read the full summary
Appeal, No. 188, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1914, No. 1429, for defendant upon the whole record in case of Albert H. Klingmann v. The Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Carpenter, J. The opinion of the Supreme Court states the facts. The jury disagreed, and the court entered judgment for defendant upon the whole record. Plaintiff appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Pee Cueiam,
The jury disagreed and was discharged. Subsequently, the court entered judgment for the defendant on the whole record because it found as a matter of law that the plaintiff was guilty of negligence which contributed to the injuries for which the action was brought. We think the plaintiff’s negligence was a question for the jury, and that, therefore, it was error to enter judgment for the defendant.
From the plaintiff’s testimony, it appears that on the day of the accident he was driving a laundry wagon west, towards the city, on Penn avenue, Pittsburgh. At Thirteenth street, he…
2Cases cited1 opinion
- Hamilton v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
3Cited by5 opinions
- Brown v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1932
- Alquist v. Memphis St. Ry. Co.Court of Appeals for the Sixth Circuit · 1923
- Clifford v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1921
- Francis v. Ardmore & Llanerch Street Ry. Co.Superior Court of Pennsylvania · 1917
- Rogers v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1918